asked

I am in a Chapter 13 bankruptcy and received a divorce decree in January 2017, but there is no final ruling on our property. The opposing party has put a motion out for a final ruling. Can they do this while I am in bankruptcy? Additionally, if a respondent was awarded temporary spousal maintenance and the petitioner did not abide by the court order, can the respondent do an ex-parte order to garnish the petitioner's wages to pay past due spousal maintenance? If the petitioner then filed a Chapter 13 to avoid paying spousal maintenance after the order was in place and the garnishment had started, is the respondent required to quash the wage garnishment? What should the respondent do to correct this situation if the relief from stay was not requested by their attorney?

August 11th, 2024

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