- 11 U.S.C.
Foufas, In re--Foufas v. Foufas
Jun
17
2022
Ruling
Incarceration of debtor as part of effort to collect domestic support obligation from non-estateassets did not violate the automatic stay. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax
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Court
:
- 11 U.S.C.
O'Brien, In re--O'Brien v. Skubic
Jul
21
2017
Ruling
Automatic stay did not apply to the service of a contempt motion to the extent it sought payment of the fee award by the debtor. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
Cascone, In re
May
18
2017
Ruling
Order that established the debtor's child support arrearage was not void as a violation of the automatic stay because the collection action was excepted from the stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
In re Rose
Dec
22
2016
Ruling
Bankruptcy debtor's former spouse not entitled for relief from stay as her Employee StockOption Plan was not a property of the debtor's bankruptcy estate. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
:
- 11 U.S.C.
In re Desouza
Jun
14
2013
Ruling
Bankruptcy court erred in holding that domestic support obligation orders requiring payment from property of the estate did not violate stay.
Procedural posture
Debtor challenged the U.S. Bankruptcy Court for the District of Massachusetts' determination that certain probate court orders regarding alimony and contempt did not violate the automatic stay.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Vaughan v. Vaughan (In re Vaughan)
Jan
29
2013
Ruling
Letter to state judge regarding applicability of stay to prepetition contempt motion filed by clerk postpetition did not violate stay.
Procedural posture
Chapter 7 debtor filed a motion for contempt and sanctions against respondents, the debtor's former spouse and the spouse's counsel, claiming that respondents violated the automatic stay under 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
In re Anderson
Oct
17
2011
Ruling
Relief from stay granted to allow representative of debtor's minor children to collect fees from marriage dissolution as a domestic support order.
Procedural posture
A court-appointed representative of a bankruptcy debtor's minor children in the debtor's proceeding for dissolution of marriage sought to recover fees for the representative's services for which the debtor was liable. The representative moved for relief from the automatic bankruptcy stay to allow collection of the fees as a domestic support obligation.
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Court
:
- 11 U.S.C.
In re Huntington
Mar
01
2010
Ruling
Creditor not allowed relief from stay to perfect postpetition attachment.
Procedural posture
In a chapter 7 debtor's bankruptcy case, movant creditor filed a motion for relief from stay to record a postpetition attachment against escrowed funds.
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Court
:
- 11 U.S.C.
In re Exum
Feb
21
2008
Ruling
Relief from stay may not be granted to allow equitable distribution proceedings in divorce cases to proceed.
Procedural posture
A spouse filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, in order to proceed with a divorce action pending in state court against the debtor.
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Court
:
- 11 U.S.C.
In re OBrien
Apr
17
2007
Ruling
Postpetition fee award in post-dissolution proceeding was a domestic support obligation not subject to stay.
Procedural posture
The debtor's former wife filed a motion relief from the automatic stay under 11 U.S.C. § 362 so that she could collect a prepetition fee award issued in favor in post-divorce litigation. The debtor opposed the motion.
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