Garcia-Lawson v. Garland

Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
Procedural posture: 
Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Issue: 
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-043