Why do I need RELIEF of STAY???

[anabanana]

What is the name of your state? FL

The code says the automatic stay
"does not operate as a stay ... of the establishment or modification of an order for alimony, maintenance, or support; or ... of the collection of alimony, maintenance, or support from property that is not property of the estate;"

So if it DOES NOT OPERATE AS A STAY, why do I have to ask for relief of the stay for a support proceeding to proceed??? I've looked all through the rules of procedure, and I do not see this addressed, but now I'm told I might be in some trouble because the debtor an I went to arbitration post-petition and I got an award for back support and for a modification of support.

WHERE DOES IT SAY I HAVE TO ASK FOR RELIEF OF THE STAY??? This is CLEARLY a support action, and the debtor participated, and didn't object, until he didn't like the outcome!!! Of course, HE has an attorney, and all I have is the friggin' internet...aarrrgh!

 

[HomeGuru]

What is the name of your state? FL

The code says the automatic stay
"does not operate as a stay ... of the establishment or modification of an order for alimony, maintenance, or support; or ... of the collection of alimony, maintenance, or support from property that is not property of the estate;"

So if it DOES NOT OPERATE AS A STAY, why do I have to ask for relief of the stay for a support proceeding to proceed??? I've looked all through the rules of procedure, and I do not see this addressed, but now I'm told I might be in some trouble because the debtor an I went to arbitration post-petition and I got an award for back support and for a modification of support.

WHERE DOES IT SAY I HAVE TO ASK FOR RELIEF OF THE STAY??? This is CLEARLY a support action, and the debtor participated, and didn't object, until he didn't like the outcome!!! Of course, HE has an attorney, and all I have is the friggin' internet...aarrrgh!

**A: how many threads have you made already on this issue. We know that you do not have an attorney but you are not doing your complete and diligent research on this subject. This website is not designed to provide step by step instruction on how to file BK and/or work on a BK case.

 

[anabanana]

Oh, come on...

I may have asked a couple bone-headed questions that I subsequently found the answers to, but bankruptcy is no walk through the family court. This stuff is ridiculously arcane, and sometimes just ridiculous.

And frankly, I've done a truckload of research, an INSANE amount of reading and writing and given that it's BK, also arithmetic. Give me a little credit, Guru. I've been through three years of this obstructionist, nasty BS in family court, and prevailed over and over and over -- not because I'm some amateur legal whiz kid, because clearly I am not, but rather, because THIS SCHMUCK is just plain BEHAVING BADLY, mean and wicked and spiteful. But I do DO THE WORK; it's not getting handed to me. I don't keep winning for nothing. But that's family court, and it's really been retooled a lot to accommodate pro se parties. Bankruptcy is not so welcoming, except for debtors. Yet I've showed up and questioned the Debtor at the 341, filed my proof of claim, objection to confirmation, responses to the objection to my claim, motion to dismiss, appeared at all the relevant hearings, twice got the confirmation delayed because of the Debtor's failures to perform, even tried to argue the stupid Mo to Dis at the Final Evidentiary Hearing on that one (and wasn't that a mop-up!). I'm not lazy. Frankly, I'm pretty dogged, but I'm outgunned. Nobody seems to want this schmuck to get away with this, but there is only so much the judge and Trustee can do. I can't imagine a worse system for a pro se litigant. Seriously, can you?

And there is a great judge on this case and he's been as decent as he can be, VERY decent in fact, but now the other attorney is kind of threatening him for being too helpful to me, and now threatening me and the arbitrator in the support award with this relief of stay crap, I mean, for cryin' out loud...

I'm busting my ass here. Not to mention the fact that I have a job and a life to run, in addition to attending the Hard Knox School of Law, to say nothing of the EMOTIONAL HELL this is, which I'm pretty sure is half the reason for people to have attorneys, so they're insulated from their own emotional mishegas related to their legal stuff.

And really, I don't see anything in the code that says a motion for relief of stay has to be filed in a support matter... it says it does not act as a stay... so what up? I don't deserve a hand here? I'm not working for it? Lawd, lawd... I am not the freeloader in this case, brother...

 

[minkyboodle]

relief from variations in rules

Actually, the rules are different in different districts, and don't feel bad, it's hard to know where to look. Most people don't even know there are rules in addition to the laws. IF you have to file it, it really should be listed in your local rules of procedure, because some districts --taking the law at its plain meaning-- do not require any motion for relief from the stay in support, simply because there is no stay in effect, just as you have read it. What district are you in?

 

[coosi]

www.finkellaw.com/art_creditor.htm

I don't think this is FL, but good creditor info??

 

[anabanana]

Thanks, Coos-- That really IS a really great article, but it's not in there.

No one knows. I know it's somewhere, I'm no retard. But I've been looking for it on and off for about three months, I think. I periodically post the question again to see if anyone can answer it. No one knows.

This didn't develop out of thin air and become some quaint custom of the whole federal BK system, but I haven't found a single person yet who can cite it, not on these boards, not in the courthouse, not elsewhere on line.

It's amazing. It's just some big agreement. Maybe I'll post a reward on EBay and see if someone can come up with it.