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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 06-12-2000, 01:31 PM
KatJonMom
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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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Old 06-13-2000, 01:58 AM
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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


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[This message has been edited by I AM ALWAYS LIABLE (edited June 13, 2000).]
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