CALIFORNIA FAMILY LAW
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Bankruptcy
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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.