Under section 362(b)(2)(B), the automatic stay does not apply to the collection of alimony, maintenance or support from property that is not property of the estate. Looking to federal law, the Court held that a portion of the award of attorney's fees to debtor's former spouse was in the nature of support based on the disparity of the parties' monthly incomes and its collection from the debtor's 401(k) plan was not affected by the automatic stay. The remainder of the award was in the nature of a sanction (and not support); former spouse did not demonstrate good cause to modify automatic stay to pursue collection of such award.
File:
Judge:
Date:
Tuesday, October 25, 2005
Category:
Attorneys Fees
Automatic Stay
Relief from Stay
Chapter:
11