quick technical question re chap 7

[jyoung]

What is the name of your state? Florida

Filing BK tomorrow, have a pending family court hearing next week on a remanded motion to tax attorney's fees and costs against me. I know the stay is automatic, but is there a preferred way, (like a notice of filing or motion to continue,) to notify the judge and opposing atty of the bankruptcy filing or do I just surprise them at the hearing? (I'm pro se in all matters)...

thanks

 

[AttorneyOney]

It would be courteous to file a suggestion of bankruptcy now and to serve it on all parties.

You may want to read section 362(b)(2) relative to certain kinds of domestic relations actions that are not stayed.

 

[jyoung]

Thanks...appreciate the reply... I know the pending remand of the CS modification won't be stayed but since the atty fees and costs was reversed and remanded....

("The former husband has sought review of the
fee award, arguing, among other things, that
reversal is required due to the trial court’s failure
to make specific findings as to the number of
hours expended and the amount of a reasonable
hourly rate. The judge is indeed required to make
these specific findings. See, e.g., Saporito v.
Saporito, 831 So. 2d 697 (Fla. 5th DCA 2002).
Moreover, a review of the transcript of the fee
hearing reflects that, here, there was insufficient
evidence on which the court could have predicated
such a finding. While there was evidence as to
the number of hours logged by the former wife’s
attorneys and the rate each attorney charged,
there was no evidence as to how these hours
were spent."),

I think it will now be up to the bankruptcy court since I listed
the fees and costs as a contingent item....there is no current finding that makes any of this "related to child support" although a portion of it may be...there were lots of non child support issues argued in the lower tribunal...

wish me luck....