Legal Opinion
In re Welsch
United States Bankruptcy Court, N.D. Illinois
Decided July 30, 2019No. 16 B 33498PublishedCited by 5 opinions
1Opinion of the Court
Carol A. Doyle, United States Bankruptcy Judge
Trenda Welsch, the ex-spouse of chapter 13 debtor Steven Welsch, moved to lift the automatic stay so she could ask a state court to modify a domestic support order in her divorce case. The motion will be denied as unnecessary: the stay does not stop her from making that request. Although her motion was not opposed, the discussion below may provide guidance to parties and to state courts.
I. Automatic Stay and Domestic Relations Proceedings
The automatic stay in 11 U.S.C. § 362(a) stops many proceedings against debtors in bankruptcy. Section 362(b),…
2Cases cited7 opinions
- Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
- Patricia DENNIS, Appellant, v. A.H. ROBINS CO., INC., Melvin Schwartz, (DR.), AppelleesCourt of Appeals for the Eighth Circuit · 1988
- In Re John Jeffrey Peters, Debtor. Mason-Mcduffie Mortgage Corporation v. John Jeffrey PetersCourt of Appeals for the Ninth Circuit · 1996
- First National Bank of Anchorage & Alaska Title Guaranty Co. v. RoachCourt of Appeals for the Ninth Circuit · 1981
- In re KuzniewskiUnited States Bankruptcy Court, N.D. Illinois · 2014
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Henry v. Collection Professional, IncDistrict Court, N.D. Illinois · 2024
- In re: JEROME E. PERRYMANUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2021
- In re: Patriot Enterprises Worldwide, LLC v. Attorney General of New Jersey; In re: Not an LLC, LLC v. Attorney General of New JerseyUnited States Bankruptcy Court, W.D. Pennsylvania · 2026