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Validity and Extent of Family Law Order per Relief From Stay
Yes. It is probably void but I don't know a bankruptcy judge who would want to hear about dividing family law assets in a 13 and would likely grant relief and/or annulment.
Are there community debts which will need to be satisfied? Are there exemption issues?
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
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Email: ssoesq@aol.com
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> On Jan 2, 2016, at 1:31 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> For our more experienced family law brethren...
>
> Debtor W (not my client at the time) files a Chapter 13 case while in the middle of dissolution proceedings.
>
> Spouse (H) files a MRS action in non-bankruptcy forum, which lists as its only reason "dissolution of marriage".
>
> Motion is unopposed and the bankruptcy court grants relief, with the standard limitation on enforcement against property of the estate.
>
> Family law judge issues a lengthy order which includes property division, equalization payment and other requirements in addition to the actual dissolution of the marriage, and debtor even (unfortunately) pays $25,000 to H as part of the agreement.
>
> My question is: Is there any way that the non-dissolution portion of the state court judgment is void for violating the automatic stay? Spouse (H) is seeking contempt against the debtor for failing to comply with the state court judgment and has now, after I threatened, sought a new MRS in the BK court to allow him to proceed. But I'm wondering if I have an argument that the entire non-dissolution portion of the judgment is void.
>
> Happy New Year!
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
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