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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38271
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Can a Chapter 13 or other chapter, staye a contempt order indefinately

Resolved Question:

Can a Chapter 13 or other chapter, staye a contempt order indefinately when monetary damages are awarded?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
The answer depends on the nature of the actual order. A judge does not order damages as part of a contempt action. A contempt may be either criminal or civil in nature. A fine is also criminal in nature and thus is not stayed by the bankruptcy court.

Whereas a civil contempt order requiring you to do something that you were already ordered to do, for example, to pay the other party's attorney's fees at a prior hearing, could be stayed by the bankruptcy court.

It's a very complicated issue. In general, however, filing bankruptcy so as to avoid a contempt order is probably not very cost effective. Especially with a Chapter 13, you would be effectively putting all of your disposable income at risk for the next five years. In the same amount of time, you could probably satisfy the contempt order without filing bankruptcy.

If you want to explore the possible outcomes, you may want to have your contempt order reviewed by a local bankruptcy lawyer. Most lawyers give free first consultations in order to determine whether or not a bankruptcy is the right thing in your circumstances.

For a referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 5 years ago.
This is not me for bankruptcy but the defendent is a divorce case. We are the plantiffs try to perfect the court ordered award infavor of the plantiff
Expert:  socrateaser replied 5 years ago.
If the defendant has filed bankruptcy, and you are concerned about your ability to collect this particular debt, then you would have to ask the bankruptcy court for relief from the bankruptcy stay. Many bankruptcy courts have a standard motion form for obtaining relief from stay, so you may want to contact the court and ask. If not, then you would need a creditor's bankruptcy attorney to help you file the motion -- or, you could visit a public or university law library and ask the librarian to direct you to a bankruptcy law practice guide.

Once you have the order of relief, then you don't have to worry about whether or not you have the right to collect, because the court will have granted you that right.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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