Estoppel

[anabanana]

What is the name of your state? FL

I'm trying to understand if some principle of estoppel applies here, but I'm not sure it does, and if it does, do I have to cite a specific KIND of estoppel ... ? It wouldn't be collateral estoppel, and equitable estoppel doesn't seem to apply... is there general estoppel?

Former partner (presently in Ch. 13) and I went to arbitration in the circuit court and I got an award establishing an amount of back child support owed. Now the ex is claiming I violated the stay (I say I didn't because it's just ESTABLISHING support, not collecting it), but mainly, I'm trying to figure out if the ex is ESTOPPED from asking for sanctions against ME because of his OWN participation in the arbitration. He just didn't like the way it came out.

Is estoppel relevant?


Tanx!

 

[I AM ALWAYS LIABLE]

What is the name of your state? FL

I'm trying to understand if some principle of estoppel applies here, but I'm not sure it does, and if it does, do I have to cite a specific KIND of estoppel ... ? It wouldn't be collateral estoppel, and equitable estoppel doesn't seem to apply... is there general estoppel?

Former partner (presently in Ch. 13) and I went to arbitration in the circuit court and I got an award establishing an amount of back child support owed. Now the ex is claiming I violated the stay (I say I didn't because it's just ESTABLISHING support, not collecting it), but mainly, I'm trying to figure out if the ex is ESTOPPED from asking for sanctions against ME because of his OWN participation in the arbitration. He just didn't like the way it came out.

Is estoppel relevant?


Tanx!

My response:

He is so full of crap! There is no estoppel at this point, regardless of whether he engaged in arbitration or not. The "automatic stay" of state court proceedings against a debtor who has filed for bankruptcy (11 USCA § 362(a)(1)) does not apply to actions to establish or modify child or spousal support. Thus, a state court's support modification jurisdiction is not impeded or suspended by the debtor's pending bankruptcy. [11 USCA § 362(b)(2)(A)]

Once support is established, and you receive a bankruptcy order lifting the stay, this allows you to proceed with contempt action against debtor spouse for nonpayment of support! [Burke v. Burke (GA 1993) 263 GA 141, 429 SE2d 85] So, let him whine and moan all he wants because he's only digging a deep hole once you petition to obtain a bankruptcy court order granting relief from the stay for cause, re: the "stay" on the support issue.

It's only when you seek to enforce his support arrearages against his bankruptcy estate, without lifting the stay, that you'd be in "willful violation" of the automatic stay. You, as the creditor, may then be enjoined from continuing your collection efforts, and only then would you be subject to damages liability and contempt penalties for the violation. [11 USCA § 362(h); In re Price (BC ED CA 1995) 179 B.R. 209, 214]

You're okay, and he's still full of crap.

IAAL

 

[anabanana]

Ah-HA!!

THANK you, IAAL!!

Thanks for the Burke cite. I looked to Glass, 240 BR 786, on the support thing. I have filed for the relief from stay, and I haven't started any contempt or collection effort yet at ALL. His lawyer says I'm in willful violation for not vacating the award!! The court wouldn't even vacate the award. Sheesh.

But I thought HE might be estopped from asking for sanctions against ME since he participated in the arbitration himself, and if he had wanted to NOT participate, he could have done something about it beforehand, instead of waiting until he didn't get the answer he wanted. And then he had 20 days to file an objection, and he didn't do that either, he just filed his suggestion of bankruptcy to the case file at that point and eventually a Mo for Rehearing, which was denied. I thought I might have some kind of laches defense to his motion for sanctions against me and I'm filing my response tomorrow.

But you say no estoppel, but I'm good under the 362(b)(2)(A)(ii) ... allllll righty then!

Thanks for the guidance!