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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

Posted

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

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Posted

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

Posted

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.

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