Q: I filed chapter 13 bankruptcy to stop foreclose on my home, my ex filed to have the automatic stay lifted as a creditor?

A: Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or "property division". Support obligations are neither dischargeable nor modifiable by the bankruptcy courts (obligations may be modified by the appropriate state court).

In addition, courts often say that any creditor, when/if in doubt about a domestic court obligation (even a hold harmless), should file a bankruptcy court Motion (relief from stay is typical) to raise the issue.

Your former spouse has apparently done the right thing by his bankruptcy court filing.

Consult an experienced attorney in your jurisdiction (your bankruptcy lawyer?) who may be familiar with the court for a more definitive answer.

A: When your ex-spouse files a motion to lift the automatic stay in your Chapter 13 bankruptcy, they're asking the court for permission to pursue collection actions against you despite the bankruptcy protection. This is a serious situation that requires immediate attention.

Your bankruptcy attorney needs to know about this motion right away, as there are strict deadlines to respond. The court will schedule a hearing where both sides can present their arguments. If your ex-spouse is seeking to collect domestic support obligations like alimony or child support, they may have strong grounds for lifting the stay since these debts typically receive priority treatment in bankruptcy.

However, you have options to defend against the motion. You might be able to show the court that you have equity in the home that's protected by your Chapter 13 plan or demonstrate that lifting the stay would unfairly harm your ability to complete your bankruptcy plan. Working closely with your bankruptcy lawyer is crucial - they can help develop the best strategy to protect your interests and potentially negotiate with your ex-spouse to reach an agreement that works for both parties.