Legal Question in Bankruptcy in California

Re: foreclosure

You have a support order and husband hasn't paid the house payment in accordance with your Family Court Support Order. You need to find out if your husband has the money to make these payments. Your remedy of course is to bring your husband in for a hearing on contempt of court in Family Court. The BK (automatic) stay doesn't effect the family court procedures. This can result in his going to spend some time in the county jail. Might be a great psychological tool. However, it sure keeps him from earning any money. Since you stated you were part of the Chapter 11 you need to talk to the attorney, and find out what the status is on it. Chapter 11 cost a lot of money for attorney fees. And my guess is that's where your house payments went. I'm not sure why you were a party in the Chapter 11. Your remedy might be to drop out of the 11. That would allow you to seek the proctection of the Bankruptcy Court under a Chapter 13. Which would allow you to come up with your own payment plan (Chapter 13) to cure the arrearages on the house. You're involved in some complex legal matters. And need to think out very carefully your next step. I'm concerned that husband may not be thinking out all the ramifications of what he is doing. And you're involved in state court (family law), and bankruptcy court law. A majority of the lawyers that do these two fields of law specialize in them, and are only nominally qualified to advise you in the other field of law.

Re: foreclosure

Support order only binds you and your husband--not your creditors. No order of a family law court takes precedence over any bankruptcy court order. You have until 5 business days prior to foreclosure sale to cure any default to the lender, under California law. There may be other ramifications to your CH. 11 plan based on the post petition default. YOu should discuss the options and potential ramifications with your attorney.

Re: foreclosure

Sorry, but the family law order only gives you rights, in this instance, against your husband, and has no effect on the lender or whoever you owe the mortgage to--they are entitled to be paid, irrespective of any family order and they are not concerned about what orders you have in the family law court. They made a loan which provided that if the loan payemnts were not made, they could foreclose on the house, and that is what they are doing. Likewise, so long as they got relief from stay, they are permitted to foreclose despite the pendency of a bankruptcy.