Divorce and Bankruptcy
The filing of a bankruptcy case generally triggers the imposition of the automatic stay that prohibits the commencement or continuation of judicial proceedings that were or could have been commenced prior to the filing of the bankruptcy. The automatic stay is subject to certain exceptions, including civil actions to establish paternity, to establish or modify an order for a domestic support obligation, concerning child support custody or visitation, to dissolve a marriage except as to the division of property that is property of the estate, and regarding domestic violence. Actions in violation of the automatic stay may be subject to sanctions. Actions that violate the automatic stay are void or voidable.
State Court Contempt Hearings
Actions in state court to enforce a pre-bankruptcy obligation for child support or alimony may violate the automatic stay.
Child Support and Alimony Arrearages
Pre-petition, child support and alimony arrearage generally are required to be paid by a chapter 13 or chapter 11 debtor under his plan.
State Court Contempt Hearings
Actions in state court to enforce a pre-bankruptcy obligation for child support or alimony may violate the automatic stay.
Child Support and Alimony Arrearages
Pre-petition, child support and alimony arrearage generally are required to be paid by a chapter 13 or chapter 11 debtor under his plan.