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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 02-12-2004, 10:24 PM
formersordahl
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bankruptcy and automatic stays


I am in Wisconsin and my exhusband of 7 years is in the process of chapter 13. I filed a motion against him to 1) get primary placement changed to me seeing that the kids have been living with me for the last couple of years 2) legally be allowed to take them off my taxes 3) get child support (this was left open on our divorce for future needs if needed)

I have been off work due to medical disability since last October. I have filed the motion and done all the paperwork myself. He was recently served by the sheriff and his NEW bankruptcy lawyer sent me a note saying that I would need to "obtain relief from the automatic stay from the bankruptcy court"

From the sites I have visited on the net I have found that this is not needed. At [url]www.divorceinfo.com/bkcyautomaticstay.htm[/url] it says that "there are several exceptions to the automatic stay. The most important for most claimants in divorce are the two exceptions described in Section 362(b)(2) of the bankruptcy statute. The first allows actions to continue for establishing paternity or to set up payment of alimony or support...."

Another site: [url]www.moranlaw.net/stay.htm[/url] states that "The automatic stay does not stop the following..... Actions for a family suppport order or the modifications of such order"

HELP! Our court date is next Friday and I can not afford a lawyer and need all the help I can get! I would assume that the rules of bankruptcy are the same across the states due to it being federal government not local or state. Do I have a leg to stand on????

thanks!

FormerSordahl
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