.jpg)
seeking family law contempt order=violation of Stay?
Thanks...that's the answer I was looking for.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Note that the stay does not operate for establishment of DSO and for
collection, but does for enforcement. Civil contempt is an enforcement
action that is very likely stayed. It depends on the goal. Is it to get
the money or is it to punish the non paying spouse by getting jail time?
Some cases say jail time is enough like criminal contempt and is not a
violation of the stay if you jail the obligor, but getting money is
enforcement and is therefore stayed.
The wisest course is to ask for relief.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
So are you saying that they cannot seek contempt for pre-petition
failure to pay pursuant to a DSO absent relief from stay?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Debtor files Chapter 7 and owes certain domestic support obligations
which are past due and nondischargeable.
Under 362(b) the support creditor cannot seek to recover from
property of the estate, but can seek to collect from property that
is not.
Would seeking a contempt sanction against the debtor in family law
court be a violation of the Stay?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.