Child support and the Automatic Stay
Posted: Wed Apr 13, 2005 10:58 am
Thanks, David and Dennis. I do appreciate your affirming the brick
wall I was staring at. Thanks again!
> Someone has completely misread or mis-cited Price. A few problems:
>
> 1. Price is a Chapter 13 case, not a chapter 7 case.
> 2. Garnishment was stopped because the wages are property of the estate
> in Chapter 13 cases.
> 3. Monetary damages were not awarded because of Sovereign Immunity
> issues.
>
> Stopping a garnishment in a Chapter 13 case should be a no brainer
> Stopping a garnishment in a Chapter 7 case should be impossible.
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem
> 500 N. Brand Blvd., #460, Glendale, CA 91203
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
> -----Original Message-----
> Sent: Tuesday, April 12, 2005 9:54 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Child support and the Automatic Stay
>
>
> Yes, child support/alimony is one of the 18 exceptions to the Automatic
> Stay (11 USC 362), but I did find a tiny case that seems to stop
> garnishment to collect child support after the filing of a Chapter 7.
> In re Price, 179 B.R. 209.
>
> Has anyone successfully relied on this or other authority to stop child
> support garnishment?
>
>
> Very truly yours,
> Hale Andrew Antico
> Attorney at law
>
> (800) 227-2947
> http://LosAngelesBankruptcy.net
>
> "I am easily satisfied by the very best."
> -- Winston Churchill
>
>
>
> _____
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