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  1. #1
    Join Date
    Mar 2013
    Posts
    9

    Default Contempt Citation Still Being Heard After Notification of Automatic Stay

    My question involves bankruptcy in the state of: Oklahoma

    I filed chapter 13 and included my property settlement in my divorce orders that is not a domestic obligation.

    Previous to filing chapter 13 my ex spouses attorney filed a contempt citation. On the day of the pre-trial I delivered a notification of my chapter 13 filing and the notice of stay. The judge and attorney both have decided to continue with the trial noting that they will not make me compliant in regards to any monetary settlement due to the stay, the will still try me and if found guilty I could be found guilty and given jail time for disobeying a court order.


    I am pro se, of course I cannot afford an attorney. Is this legal and what happens since I am representing myself and I am found guilty, go to jail, lose my job and then end up not being able to pay the bankruptcy? I thought that would still be a violation of the stay.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Contempt Citation Still Being Heard After Notification of Automatic Stay

    As I said in your other post, it's not actually violating the automatic stay. They're not attempting to collect on the debt - they're deciding whether or not you're guilty of willfully disobeying a court order.

  3. #3
    Join Date
    Mar 2013
    Posts
    9

    Default Re: Contempt Citation Still Being Heard After Notification of Automatic Stay

    Actually, it was two different questions, but I appreciate your answer.

  4. #4
    Join Date
    Mar 2013
    Posts
    9

    Default Re: Contempt Citation Still Being Heard After Notification of Automatic Stay

    After consulting an actual attorney, I have found that many statements that derive from this forum to be inaccurate and the people partaking in answering questions are not fully knowledgeable. A reminder to those that this forum is for entertainment purposes only, and a reminder and I am sure there is a disclosure somewhere on this site, that for correct analysis of your law needs be assessed by an actual attorney.

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