Lift of Stay


D

debrab

Has anyone out there been married, had their spouse file for Chapter 13
and then a couple of years later use the bankruptcy as a shield to not
pay alimony to a disabled spouse?

The woman in question became disabled and is waiting for a Social
Security hearing, has no means of support and can prove her spouse has
enough income to help her until such time as she can support herself.

The sad part is she has a State Attorney who specializes in divorces
for women who have been abused. He is so busy he cannot get back to
her and because of his lack of litigation experience doesn't seem to
know the answers to many of her questions. He has asked her to do a
lot of her own research, which is fine, but is tough to do with no
computer, no gas, and no support.

What little research I have had time to do for her is confusing. Would
she be able to ask for a lifting of the stay in the case of divorce as
long as the bankruptcy is still in plan?

Her spouse was paying $900.00 per month child support from a previous
marriage when the plan was approved, and is now only paying $300.00.
Right there is enough to prove he could help her financially in my
eyes, but I am not sure the law sees it that way.

Anyone with experience in this area and who would care to comment would
be most appreciated, and my friend could certainly use all the help she
can get right now.
 
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B

Benjamino

I am confused about many of the specfics in your situation. Is alimony
or child support your concern? Does whatever your friend is trying to
collect on originate from current payments or payments that are past
due. Were these past due payments included in the other party's
bankruptcy plan. Are they still married? Was the order that dictated
the child support amount amended or modified? If not what changed the
child support payment amount?

The automatic stay protects against virtually all collection attempts
so most likely your friend will have to ask the bankruptcy to lift the
stay to permit any form of collection. Anything beyond on this I'm
uncomfortable commenting on for fear of having to eat my words.

Let me know some additional information and I will tell you what I can.
Additionally most bankruptcy attorneys offer free consultations, you
might want to take one of them up on it and get some free legal advice.

**This should not be construed to be legal advice**
 

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