Sprague
Sprague v. Spiegel-Sprague
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.