Bankruptcy Case No. 02-90879United States Bankruptcy Court, C.D. Illinois
June 6, 2002
OPINION
GERALD D. FINES, Chief United States Bankruptcy Judge
This matter having come before the Court on a Motion to Lift Automatic Stay filed by Creditor, Ruth Ann Elder, on April 12, 2002; the Court, having heard arguments of counsel and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.
Findings of Fact
The material facts in this matter are not in serious dispute and are, in pertinent part, as follows:
1. The Debtor, David Lee Stewart, and Ruth Ann Stewart, now Elder, were husband and wife until a Judgment of Dissolution of Marriage was entered by the Circuit Court of Moultrie County, Illinois, and, thereafter, Debtor, David Lee Stewart, was ordered to pay child support.
2. On October 19, 1999, the parties entered into a Stipulation and Agreement whereby Debtor, David Lee Stewart, had a judgment entered against him in the sum of $17,595, which was to be paid at the rate of $85 per week in lieu of his having to pay any future college expenses of the children of the parties.
3. All judgments in the State of Illinois draw 9 per cent interest per annum pursuant to the provisions of 735 ILCS 5/12-109 and 735 ILCS 5/2-1303.
4. Debtor, David Lee Stewart, failed and neglected to pay the payments on the said Judgment. On February 15, 2002, the Circuit Court found him in indirect civil contempt for his willful and contumacious neglect and refusal to comply with the order of the Circuit Court, and found him in arrears in the amount of $1,688.
5. On March 11, 2002, the Circuit Court had a further hearing and awarded attorney fees in the sum of $2,200 to Geisler Law Offices.
6. Thereafter, the sum of $1,6088 was paid by Debtor, David Lee Stewart, to the Clerk of the Circuit Court of Moultrie County, Illinois, for his contempt. But he has not paid any other payments; still owes a portion of the original judgment, plus interest; and has not paid any of the attorney fees assessed against him by the Circuit Court for his willful and contumacious neglect and refusal to comply with the order of the Circuit Court of Moultrie County, Illinois.
7. Debtor, David Lee Stewart, together with his present wife, Connie Lee Stewart, filed for relief under Chapter 7 of the Bankruptcy Code on March 18, 2002, scheduling his former wife, Ruth Ann Elder, as a judgment creditor.
8. In addition to the filing of the instant Motion to Lift Automatic Stay, Creditor, Ruth Ann Elder, filed a Motion to Determine Debts Are Not Dischargeable on April 12, 2002, which was docketed as an adversary proceeding under 11 U.S.C. § 523(a)(5).
9. Debtor, David Lee Stewart, filed a Response to the Motion to Lift Automatic Stay on April 29, 2002, requesting that the Motion to Lift Automatic Stay be denied for the reason that all matters pending between he and his former wife, Ruth Ann Elder, can properly be resolved under the jurisdiction of this Court.
Conclusions of Law
In reviewing the facts of this matter, the record of Debtors’ bankruptcy proceeding, the Brief in Support of Motion to Lift Automatic Stay filed by the Movant on May 21, 2002, and the Response to the Motion to Lift Automatic Stay filed by Debtor, David Lee Stewart; the Court finds that sufficient cause to lift the automatic stay has not been shown pursuant to 11 U.S.C. § 362(d)(1). All of the issues currently pending between the Debtor, David Lee Stewart, and Creditor, Ruth Ann Elder, have properly been raised in the adversary which was proceeding which was filed on April 12, 2002, and, as such, can be decided by this Court at trial in the adversary case.
Although State Courts have been held to have concurrent jurisdiction on issues under 11 U.S.C. § 523(a)(5), in practice they are reluctant to exercise such jurisdiction. As a result, this Court finds that the interests of the parties would best be served by adjoining of all issues between the parties in the adversary proceeding currently pending.
ORDER
For the reasons set forth in an Opinion entered on the ___ day of June 2002;
IT IS HEREBY ORDERED that:
A. The Motion to Lift Automatic Stay filed by Creditor, Ruth Ann Elder, on April 12, 2002, is DENIED; and,
B. The parties are directed to proceed to file appropriate pleadings in Adversary Case No. 02-9020.