Miller v. Miller

The issue in this case is not whether the child support obligation owed by appellant, Jay Miller, is dischargeable in bankruptcy. Non-dischargeability has nothing to do with whether appellant is entitled to the protection of the automatic stay granted by the bankruptcy laws.

Rather, the issue is whether or not the appellant can be held in contempt for not *17applying his “earnings from services performed ... after the commencement of the case but before the case is closed” (11 U.S.C. § 1306) for any other purpose than that set out in the Chapter 13 bankruptcy plan. It is clear that under the…