Opinion
Case No.: 6:15-bk-10028-CCJ
12-28-2015
In re: MUHAMMAD AZHAR, Debtor.
Chapter 13
ORDER DENYING DEBTOR'S MOTION TO SET ASIDE STATE COURT ORDER
This case came before the Court for consideration of the Debtor's Emergency Motion to Set Aside State Court Order (Doc. No. 12; the "Motion"). By the Motion the Debtor seeks to set aside a postpetition State Court Order issued in the case styled Azhar, Muhammad v. Azhar, Huma, Case No. 2013-DR-002157-O, in the County Court of the Ninth Judicial Circuit, in and for Orange County, Florida (the "Divorce Proceedings"), on the ground that issuance of the State Court Order is a violation of the automatic stay. Section 362(b)(2) of the Bankruptcy Code provides, in relevant part, that the filing of a Chapter 13 petition does not operate as a stay "for the establishment or modification of an order for domestic support obligations." 11 U.S.C. § 362(b)(2)(A)(ii). Because the State Court Order in the present case modifies a domestic support obligation established by the Final Judgment of Dissolution of Marriage entered in the Divorce Proceedings, issuance of the State Court Order does not constitute a violation of the automatic stay. Accordingly, it is ORDERED that the Motion is denied.
ORDERED.
Dated: December 28, 2015
/s/_________
Cynthia C. Jackson
United States Bankruptcy Judge Attorney David J. Pedersen is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of this order.