Why Do I have to file relief from stay?

[lawvictim]

What is the name of your state? FL

Can anyone tell me why I should have filed a motion for relief from the stay in a matter establishing support?

My ex was in Ch. 13, and we were ordered to go to arbitration in family court, and we both went and I got a court order for support and back support, but then they tried to get sanctions against me.

How does this BK judge figure I violated the stay? It says right in the code that it does not operate as a stay in an action to ESTABLISH support. Where the hell is he coming from?

 

[giggle50]

You got the order for "back support". That's the part that mucks it up.

A child support order that establishes current support is fine in a 13 without relief. That's not an attempt to collect a debt, that's an attempt to establish a debt.

An order for back support violates the automatic stay as it is an attempt to collect a debt.

 

[lawvictim]

By that standard, ANYTHING would be an attempt to collect, I suppose, insofaras ESTABLISHING the debt is a logical precursor to collecting.

Let me clarify: there was no prior order for support. There had just been a long period of time when the scumball hadn't paid anything. So all the arbitration did was establish that there was indeed an obligation. There wasn't even any agreement or concession that it was owed, prior to that. So the arbitration, which we were ORDERED to attend, by the way, just established that there was a debt.

Wouldn't you say some further action AFTER the amount was set would be attempting to "collect?"

 

[anabanana]

You got the order for "back support". That's the part that mucks it up.

The part that mucks it up is that you're in Florida, where all the sneak theives and deadbeats and lying losers go to escape their obligations. Florida is a living hell for anyone trying to recover against a bullsh*t bankruptcy. They're bulletproof down here. They can do whatever they want to whoever they want and the trustees don't care because they're overwhelmed and just pounding the paperwork through. Your interests are not protected by anyone, unless you're wealthy enough to hire a phalanx of lawyers, in which case, you're fighting over principle rather than money anyway. Give it up. The bankruptcy system protects liars, cheats, frauds and the wealthy. If you're not among these ... Good freakin' luck...

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oh, and an honest debtor or two gets through without having the sh*t beat out of them, but thanks to the liars, cheats, frauds and the wealthy, we'll be having some draconian new bankruptcy "reform" soon, so that the people who most need protection won't be able to get it, while the liars, cheats, frauds and the wealthy will have an even easier time of screwing everyone else.
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[anabanana]

Still never got an answer on that one, didja? Never will, either. It's judicial abuse. Plain and simple. I have never found a single, solitary case that supports an interpretation that you have to ask for relief to establish support. Not one. There's no authority for it, but if that's the way they want to do it, they do it that way, because no one challenges it. It's frikken bizarre.

What a crock of sh**.