In Re Thongta
United States Bankruptcy Court, E.D. Wisconsin
1Opinion of the Court
Memorandum Decision on Debtor’s Motion for Determination of Violations of 11 U.S.C. §§ 362 and 1301
SUSAN V. KELLEY, Bankruptcy Judge.
This case involves the interrelation of marital property law, the automatic stay, and a creditor’s collection activities against a non-filing spouse. Michael Thongta (the “Debtor”) filed a case under Chapter 13 of the Bankruptcy Code on March 20, 2007. The Debtor is married, but his wife, Helen Thongta (referred to herein as the “non-filing spouse”) did not join in the Debtor’s bankruptcy petition. The non-filing spouse was involved in a car accident in May…
2Cases cited6 opinions
- In Re: Wilbur G. Westberry, Debtor. Internal Revenue Service v. Wilbur G. WestberryCourt of Appeals for the Sixth Circuit · 2000
- In Re WetzelUnited States Bankruptcy Court, E.D. Wisconsin · 2008
- In Re MarshalekUnited States Bankruptcy Court, N.D. Ohio · 1993
- In Re PassmoreUnited States Bankruptcy Court, E.D. Wisconsin · 1993
- In Re MooreUnited States Bankruptcy Court, W.D. Wisconsin · 2004
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3Cited by4 opinions
- Miller v. United StatesDistrict Court, W.D. Wisconsin · 2010
- Smith v. Capital One Bank (USA), N.A.Court of Appeals for the Seventh Circuit · 2016
- Karen Smith v. Kohn Law Firm, S.C.Court of Appeals for the Seventh Circuit · 2016
- United States of America, Ex rel. Raju A.T. Dahlstrom v. Sauk-Suiattle Indian Tribe of WashingtonDistrict Court, W.D. Washington · 2019