Sprague

Sprague v. Spiegel-Sprague

Good Law
105 Cal. App. 4th 215·129 Cal. Rptr. 2d 261
Court of Appeal of CaliforniaJanuary 9, 2003No. G030108California2,319 words

Opinion

lead Opinion

Fybel, J.

We hold a creditor must obtain relief from the automatic bankruptcy stay to pursue a family law matter in state court when the family *217 law matter is a core bankruptcy proceeding. Although the state court has concurrent jurisdiction with the bankruptcy court over family law matters, the bankruptcy court has exclusive jurisdiction to determine whether a family law matter that is a core bankruptcy proceeding is excepted from the automatic bankruptcy stay.

James C. Booth appeals from an order dismissing his order to show cause regarding contempt and dismissing with prejudice “[a]ny and all actions concerning the claim by Mr. Booth for attorney fees owed by the Respondent, Toby Spiegel-Sprague.” We affirm. Booth’s claim for $4,500 in attorney fees was listed as a debt on Toby Spiegel-Sprague’s bankruptcy petition. Booth did not obtain relief from the automatic bankruptcy stay to pursue his action in state court to characterize the attorney fees as a nondischargeable debt. The resulting state court order characterizing the attorney fees as nondischargeable was therefore void, and Booth’s claim for attorney fees was discharged in bankruptcy.

Facts and Proceedings

In…

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