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In re O'Brien

367 B.R. 242 (2007)

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In re O'Brien

United States Bankruptcy Court for the District of Massachusetts
367 B.R. 242 (2007)

Facts

O’Brien (defendant) engaged in post-divorce litigation with his ex-wife on modifications to and alleged breaches of a previously entered divorce decree and separation agreement. After a trial, the probate court found O’Brien and his ex-wife guilty of contempt related to the previously entered divorce decree and separation agreement. On December 2, 2005, the probate court issued a fee award for legal services provided by Stephen Crowne (plaintiff) and ordered O’Brien to pay Crowne from his retirement accounts. O’Brien filed a suit under Chapter 7 on December 7, 2005. At the time of the suit, Crowne had not received payment under the fee award. O’Brien claimed the retirement accounts as exempt in his Chapter 7 suit. Crowne did not file an objection to the exemption. Crowne did, however, file a relief-from-stay motion on the fee award, asking that the court hold that collection of the fee award from the retirement accounts was not subject to the automatic stay as a domestic-support obligation and that Crowne was entitled to collect the fee award from the retirement accounts. O’Brien opposed the motion.

Rule of Law

Issue

Holding and Reasoning (Somma, J.)

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