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Can a person that is owed Child support file a motion for contempt while the other party is in bankruptcy?

Idaho Falls, ID |

Other party filed Chapter 7 bk and notice was sent. Several months later the party owed filed a motion for contempt.

What if during the "automatic stay" the party that is owed the back support files for contempt charges? Are they enforceable?

Attorney Answers 2

  1. It is always best to just seek relief from the stay to pursue the other party.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

  2. Yes but should obtain the permission of the bankruptcy court before you file the motion in state court. Permission s obtained by filing a motion to lift the stay in bankruptcy court.