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#1
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| My ex-husband filed for Chapter 13 Bankruptcy includung his child support arrears in his debts to be restructured. I sent in a request and certification to the bankruptcy judge requesting that his child support be collectable and enforceable. I have a date to appear before the federal bankruptcy judge on my request to vacate the automatic stay. Are there any other papers that I need to file to support my case, and is there a time limit for filing them? What should I bring with me or prepare for my appearance before the judge. I am appearing Pro Se. Thank you. KatJonMom@aol.com |
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#2
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| <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by KatJonMom: My ex-husband filed for Chapter 13 Bankruptcy includung his child support arrears in his debts to be restructured. I sent in a request and certification to the bankruptcy judge requesting that his child support be collectable and enforceable. I have a date to appear before the federal bankruptcy judge on my request to vacate the automatic stay. Are there any other papers that I need to file to support my case, and is there a time limit for filing them? What should I bring with me or prepare for my appearance before the judge. I am appearing Pro Se. Thank you. KatJonMom@aol.com<HR></BLOCKQUOTE> My response: I wish you told us your State. Federal courts follow State laws when there is no similar federal law, or a law that preempts State law. However, just to put your mind at ease, merely put your simple request in "pleading" format, and attach a proof of service form that you've mailed a copy to the BK lawyer for your ex, and file the original with the BK court. Call the clerk to find out how many copies and originals are required. "State court proceedings neither connected with nor interfering with the debtor's estate or the bankruptcy proceedings are not affected by the automatic stay--notably, orders granting child custody and marriage dissolution. [11 USCA § 362(a);]" IAAL ------------------ By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE." [This message has been edited by I AM ALWAYS LIABLE (edited June 13, 2000).] |
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