My wife and I have filed Chapter 13, have begun paying our repayment plan, and are awaiting our confirmation hearing. Since being notified of our BK and being listed as a creditor my exwife has filed contempt against me. I am paying all our marital debt, have paid off 2 of her credit cards years ago, and am still paying on the remaining car outside the BK. I am current on CS, by the way, this is not an issue. The judge has already informed her that our decree does not state I have to refinance the marital home, have tried 3 times unsuccessfully to do so, and there is nothing I or they can do on that. Even though I have been current since the BK, in fact BECAUSE of th BK, she still wants to press charges. When I mentioned the Chapter 13, the judge stopped everything and warned my ex that she could be in trouble with federal court for pursuing, suggested she just wait and see what I did in the future, but of course, she demanded they set a contempt hearing date.
I've read it both ways...that family court is exempt from the stay and also that only in SUPPORT cases. This is not a support case. I'm current on CS and she wasn't awarded alimony, it was stated I would pay all the debts IN LIEU of maintenance. My attorney is going to pursue something against my exwife and possibly her attorney...not sure if it's just a strongly worded letter or actual complaint to the trustee.
I've read it both ways...that family court is exempt from the stay and also that only in SUPPORT cases. This is not a support case. I'm current on CS and she wasn't awarded alimony, it was stated I would pay all the debts IN LIEU of maintenance. My attorney is going to pursue something against my exwife and possibly her attorney...not sure if it's just a strongly worded letter or actual complaint to the trustee.
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