Family Court OSC re: Attorney's Fees and 362(b)(2)(B)
Posted: Tue Mar 15, 2011 12:28 pm
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You are correct - no stay.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Robert
Sent: Tuesday, March 15, 2011 12:24 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Family Court OSC re: Attorney's Fees and 362(b)(2)(B)
Listmates:
Client recently got divorced. Ex-wife's attorney is seeking to get Debtor to
pay for part or all of his attorneys fees. Debtor filed for Chapter 7
bankruptcy last week. Ex-wife's attorney was listed on petition.
Does the Automatic Stay also put a stay on an OSC in family court to
determine attorneys fees? I think the attorneys fees would be a Domestic
Support Obligation and so under an obvious reading of 362(b)(2)B I do not
believe that it does.
That languages reads: "The filing of a petition under section 301, 302, or
303 of this title, or of an application under section 5(a)(3) of the
Securities Investor Protection Act of 1970, does not operate as a stay--(B)
of the collection of a domestic support obligation from property that is not
property of the estate;"
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Message
You are correct - no
stay.
David A.
Tilem
Certified Bankruptcy
Specialist*
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