[CLBS] Bankruptcy and Divorce Decrees

Jonathon Frantz jonathon at postfallslaw.com
Wed Jan 24 13:52:59 MST 2018


Hi Everyone,

I have a question regarding the following situation:

Debtor obtained a divorce.  In the divorce, debtor was ordered to pay
community debts A, B, and C.  Debtor has filed for Ch. 7.  Debts A, B, and
C are included and discharged.  The creditors for those debts are now going
after ex-spouse.  The ex-spouse plans on filing a contempt motion in the
divorce.

I was recently told that the bankruptcy court's perspective on whether or
not contempt motions pursuant to a divorce decree are affected by the
stay/discharge injunction has changed.  However, I can't find any case law
supporting that.

Any direction as to Idaho's position (and whether its changed) would be
much appreciated.  Thank you.

Jonathon Frantz
Attorney
1810 E. Schneidmiller Ave.
Suite 301
Post Falls, ID 83854
Ph: (208) 262-3893
Direct: (208) 262-3724
Fax: (208) 262-3894
www.PostFallsLaw.com


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