Legal Opinion
In Re the Marriage of Weis
Supreme Court of Colorado
Decided June 7, 2010No. 09SA216PublishedCited by 3 opinions
1Opinion of the CourtJustice Eid
We issued a rule to show cause pursuant to C.A.R. 21 to determine whether the trial court erred in imposing contempt sanctions against Melanie Bergeron, a chapter 13 bankruptcy debtor, for her failure to pay credit card debts that she jointly owed with her former spouse Craig Weis and was required to pay by her divorce decree. The trial court found that the automatic stay of collection actions that applies in bankruptcy did not apply in Bergeron’s case because the contempt proceedings against her fit within two exceptions to the stay — one applicable to “the collection of a domestic support…
2Cases cited22 opinions
- Shillitani v. United StatesSupreme Court of the United States · 1966
- Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
- Edward Carver v. Paulette Carver, Gasper L. Toole, Iii, Frampton W. Toole, Iii, and Richard L. PearceCourt of Appeals for the Eleventh Circuit · 1992
- Sternberg v. JohnstonCourt of Appeals for the Ninth Circuit · 2010
- Bankr. L. Rep. P 71,103 Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc., and Bernard L. SchubertCourt of Appeals for the Second Circuit · 1986
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3Cited by3 opinions
- In re Dougherty-KelsayUnited States Bankruptcy Court, E.D. Kentucky · 2019
- IN RE the Parental Responsibilities Concerning A.C.B., a Child, and Concerning Laura Jeane Frederick, and Joshua Broyhill, and Concerning Pueblo County Child Support Services, Intervenor-Appellee.Colorado Court of Appeals · 2022
- Gazzo v. Ruff (In re Gazzo)United States Bankruptcy Court, D. Colorado · 2014