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If a non co debtor was awarded temporary spousal maintenance…

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If a non co debtor...
If a non co debtor was awarded temporary spousal maintenance during divorce proceedings process and then the debtor filed chapter 13- is the non co debtor still entitled to receive that temporary spousal maintenance?
Submitted: 6 months ago.Category: Bankruptcy Law
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Answered in 27 minutes by:
8/12/2017
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,607
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

I am sorry, but do not understand your question.

What are you referring to as non co-debtor?

Thank you for your cooperation.

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Customer reply replied 6 months ago
1. Divorce /bankruptcy matter
Customer reply replied 6 months ago
1.basically is it a violation of automatic stay when temporary spousal maintenance was ordered and petitioner ignored the tsm order which led respondent to enforce and attempt to garinsh petiitoners wages to get during divorce proceedings? Then petitioner becomes a,debtor when he files bk attempting to get out of paying on the tsm order during divorce proceedings.
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

Thank you for the information.

Could you use less technical terms? I need to make sure that I understand what is going on.

Kindly edit and resubmit your post with non-technical description of the parties.

Thank you for your cooperation.

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Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

1.basically is it a violation of automatic stay when temporary spousal maintenance was ordered and petitioner ignored the tsm order which led respondent to enforce and attempt to garinsh petiitoners wages to get during divorce proceedings? Then petitioner becomes a,debtor when he files bk attempting to get out of paying on the tsm order during divorce proceedings.

Response: Please simplify your post. What is tsm? Kindly review, edit for clarity, and resubmit.

Thank you for your cooperation.

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Customer reply replied 6 months ago
OK
If a party was to receive temporary spousal maintenance during a divorce and never received it and then try to get it by garnishing or doing the wage for her to get the spousal maintenance and then the other party files a Chapter 13 during this divorce preceding in an attempt not to pay on the maintenance, my question is is it a violation of an automatic stay if the party that was awarded spousal maintenance by the divorce judge before the bankruptcy was filed? yes or no
Customer reply replied 6 months ago
Tsm ( temporary spousal maintenance) sorry
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

No. See 11 U.S.C. Section 362(b)(2)(B) and (C)

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Customer reply replied 6 months ago
Thank you
Is it a violation of automatic stay if I had to attempt to garnish my spouses wages because he refused to abide by the temporary spousal maintenance order ?
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

No. Please see 11 U.S.C. Section 362(b)(2)(B) and (C)

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Customer reply replied 6 months ago
Thank you
Now since you gave me great answers I have this one final question
1. Okay since I didn't get the spousal maintenance from him like he was ordered to do
2. I then had to garnish his wages to get my spousal, maintenance
3. he filed a bankruptcy during the middle of divorce to try and prevent or stop me from collecting.
4. I've got an email from the petitioners/debtors bankruptcy attorney stating that if I didn't quash the garnishment wages order then I would be in violation of the automatic stay what needs to be done about this misinformation ?
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

You can send the Attorney a notice that you are quite aware that the Automatic Stay does not apply to Domestic Support Obligation, the spousal support here. That you are entitled to enforce the Order issued by the State Court and if the Attorney wants to, he can proceed to file complaint against you with the bankruptcy Court for alleged violation of the Stay so that the issue of the spousal support and its exception to the Automatic Stay can be thoroughly litigated.

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Customer reply replied 6 months ago
Okay that's exactly what he did he gave this letter to a divorce attorney then thw divorce attorney gave it to the judge and then the judge read it and information lead the divorce judge to quash my garnishment garnishment therefore I never got my spousal maintenance
What couet what court or who do I go to to inform of this misleading information that was given to the divorce judge? Is this misleading information be verging on malpractice or at the very least sanctions on these attorneys?
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

You can file Motion with the Divorce Judge for reinstatement of the Order and tell the Court your reasons. You should also make sure that you cite 11 U.S.C. Section 362(b). As for the bankruptcy Attorney, you can file complaint against him with the disciplinary board for not being truthful. You can also seek for Declaration from the Bankruptcy Court that you are entitled to enforce the spousal support Order.

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Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

I am signing off at this time...

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