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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19627
Experience:  B.A.; M.B.A.; J.D.
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I need to speak with a family attorney who is also

Customer Question

I need to speak with a family attorney who is also knowledgeable in chapter 13-
1. Am having a real problem with my soon to be ex- who is doing everything possible to "starve" me out- financially.
2. What can I do about it? It seems any attorney I get- cannot get the job done- and I'm going further in further into abyss
3. Tried to get divorce judge to enforce temporary orders for spousal maintenance only- she said she couldn't do it-because of the automatic stay in the bankruptcy-
4, then my husbands attorney showed my attorney this document that I am attaching to this.
( I have filed an objection to this what I call a fraudulent chapter 13- because my husband only did it to avoid paying on our debt and me- I had been paying on our debt- as the preliminary injection said)
5. Anyway have you or anyone seen or heard of such a thing-where its become quite clear to me-what my husband is doing and doing it effectively in both courts divorce and bankruptcy
6. He hasn't paid a dime toward community debt or temporary spousal maintenance since he left 5-1-15-as well as
Filing a chapter 13 and not abiding by it- he promised to pay-2house notes, and temporary spousal maintenance
And he has not- now the trustee has made a recommendation to lift the stay-
7. So he has effectively over 11 months-not abided by anyone of the courts actions-and
They have not done anything to him- while I am being starved out-he has money and I don't
8. Can I go ahead and proceed with the administrative order to garnish his wages- since he has
Not abided by the chapter 13 recommendation?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: I am practicing family law and bankruptcy Attorney.

Your State Court Judge is not correct on her understanding of the Automatic Stay. The Automatic Stay does prevent the issuance of Temporary Orders with regard to Domestic Support Obligations, which include Alimony and Child Support. See 11 U.S.C. Section 362(b) and Section 101 subsection 14(A):

"(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—


under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor;

(2)under subsection (a)—(A)of the commencement or continuation of a civil action or proceeding—(i)

for the establishment of paternity;


for the establishment or modification of an order for domestic support obligations;


concerning child custody or visitation;


for the dissolution of a marriage, except to the extent that such proceeding seeks to determine the division of property that is property of the estate; or


regarding domestic violence;


of the collection of a domestic support obligation from property that is not property of the estate;


with respect to the withholding of income that is property of the estate or property of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statute;


of the withholding, suspension, or restriction of a driver’s license, a professional or occupational license, or a recreational license, under State law, as specified in section 466(a)(16) of the Social Security Act;


of the reporting of overdue support owed by a parent to any consumer reporting agency as specified in section 466(a)(7) of the Social Security Act;


of the interception of a tax refund, as specified in sections 464 and 466(a)(3) of the Social Security Act or under an analogous State law; or


of the enforcement of a medical obligation, as specified under title IV of the Social Security Act;"

"(14A) The term “domestic support obligation” means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—

(A)owed to or recoverable by—(i)

a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or


a governmental unit;


in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;

(C)established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—(i)

a separation agreement, divorce decree, or property settlement agreement;


an order of a court of record; or


a determination made in accordance with applicable nonbankruptcy law by a governmental unit;..."

However, his wages cannot be garnished without the permission of the bankruptcy Court since he would need the wages to fund his Chapter 13 case. If you need to get permission from the bankruptcy Court, you would do it by filing Motion for Relief from the Automatic Stay. However, the State Court Judge must first issue the Temporary Orders before you can go after him and the Automatic Stay does not prevent him from issuing the Orders. You can print the law for her.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

Customer: replied 1 year ago.
I hate texting because this is way too complicated it appears to me I'm just acting Pro se and I'm getting it what I'm trying to do but apparently the attorneys are not getting it and I think it's only because of the money issue their mind don't have no money I need to talk to somebody and I need to get this down today and I gotta move forward is there somebody that I can talk to somebody like you that is Nows family and bankruptcy
Expert:  Phillips Esq. replied 1 year ago.

I am not licensed to practice in the State of Arizona. You would need a local Arizona family law Attorney who also understands bankruptcy issues to assist you. However, if you wish to have a discussion with me on the phone to get an idea of what you are dealing with, I can do that but an additional cost.

Customer: replied 1 year ago.
I need to speak or get with an attorney in az if I'm going spend $100 no disrespect to you
But for now I will have to do this via text.
What Is It That YOU Can See That I Am sdealing with? I can tell you that my husband is playing a game he had not paid snything in 11,months leaving me without a penny therefore attorneys I have gotten are either to inexperienced or don't listen to me and want to it there way as if they know me and my situation or don't care about what I want they just want any amount I can five them which isn't much. It's sad really Ididn't ask for this and what my husband is doing to me to us is financial emotional abuse and it's criminal and he needs to be stopped however since he has not abided by court order to enforce to pay spousal maintenance and has not abided by chapter 13 plan h e said it was going to abide by aND I have documentation from the trustee mt husband has fior 11 months ran around with a wad full of money in his pocket and hasn't abided by divorce or bk13 plans or orders he has managed to get attorneys the best because he has money and I dont
Expert:  Phillips Esq. replied 1 year ago.

What you are dealing with is a common, but a complex problem when a divorce proceeding is complicated by filing of bankruptcy petition. You would need a local Attorney to explain to the State Court how the bankruptcy proceeding will or will not affect the proceedings. I am afraid that I have stated all I can state on the subject within the confines of this Q and Answer session. So, I will yield the space to another Attorney.

Goodluck with your case,

Customer: replied 1 year ago.
Customer: replied 1 year ago.
If you can answer this what does that attachment notice mean? Again I was not aware of chptr 13 and I had been paying my part of the debt in accordance with the dissolution packet