CALIFORNIA FAMILY LAW
...Bankruptcy
......Automatic Stay of Civil Proceedings
.........Proceedings Stayed
7 Cards On This Topic:
  • Proceedings to divide community property that is property of the bankruptcy estate are stayed.
  • Limited automatic stay available for serial filers.
  • Juvenile court erred in refusing to stay proceedings for 90 days per SCRA where Navy letter met statutory conditions; SCRA's mandatory stay provision overrides W&IC 352(b) and ASFA.
  • When family law matter is core bankruptcy proceeding, creditor must obtain relief from automatic stay to pursue matter in state court; bankr. ct. has exclusive jurisdiction over whether matter excepted from stay.
  • DA's enforcement of wage and earnings assignment order for c/s arrears following notification of Ch. 13 filing was willful violation of automatic stay; exception from stay for collection of c/s from nonestate assets n/a.
  • Filing of bankruptcy stays child support modification proceedings ... [Previous law].
  • DA's enforcement of wage and earnings assignment order for c/s arrears following notification of Ch. 13 filing was willful violation of automatic stay; exception from stay for collection of c/s from non-estate assets n/a.