I have a client in chapter 13 and he is in middle of dissolution action. He went back to state court to get support modified. State court judge won't hear it because of stay. Send wife's disso attorney stip to lift stay, but atty refuses to sign it.
Can I bring a motion to modify the stay to allow my client to go back to state court. Need something to allow state court to move forward.
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sblever@leverlaw.com Mon Nov 19 13:48:37 2012
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Subject: RE: [cdcbaa] Divorce Issue
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Yes. Since the stay doesn't apply to support you may want to allege the
facts below so the judge knows he's giving a "comfort order."
Steven B. Lever
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