If a debtor files motion for applicability of automatic stay, can I respond in another motion for relief from stay? Do I need to file a response to their motion for automatic stay and file a separate motion regarding relief from stay? The issue is regarding child support arrearages.

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Child support is not dischareable in bankruptcy and I feel there must have been a previous bankruptcy filing in the last year. Moreover, sounds as if the debtor likes to pay the arrearage in bankruptcy taking 3-5 years and the state court has ordered to pay it faster. You should immediately respond to the motion to lengthen the stay and if you fail, object to the way the plan deals with what you are owed. Since the court always considers the debtor’s ability to pay, you may be unsuccessful and have to accept a payment schedule that is comfortable for the debtor.


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