Menu    1 ABR 140 

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ALASKA

In re: )
)
RICHARD TODD PALMATIER, ) Case No. A90-00584
) Chapter 7
)
Debtor.         )
__________________________________________)

ORDER TERMINATING STAY

            The motion of Lisa Palmatier for relief from the automatic stay duly came before this court. Extensive evidence was presented by the Debtor and his former spouse on August 21, 1990.

            The key issue according to the parties is whether or not a provision of the parties' property settlement agreement calling for monthly payments of $900.00 each constitutes child support, maintenance or a property division. If it is a property settlement, the Debtor contends the stay should not be fully terminated. If it is child support, his ex-wife says it should be terminated. Lisa has filed a dischargeability action seeking to have the $900.00 monthly obligation as well as other obligations declared nondischargeable. As the parties view the issues, resolution of the termination of stay will determine dischargeability. Procedurally, this has little appeal to the court.

            It is appropriate for bankruptcy courts to avoid incursions into family law matters "out of consideration of court economy, judicial restraint, and deference to our state court brethren and their established expertise in such matters." (citations omitted)

      TOP      1 ABR 141 
    In re MacDonald, 755 F.2d 715, 717 (9th Cir. 1985). This case should not be made any more complex than it already is. Cause exists for the termination of the stay as to the whole of the state court proceeding due to the pending state court divorce. This court is confident that our learned state court brethren recognize there are issues regarding dischargeability that must be resolved by this court in due course. Partial termination of stay is inappropriate, however.

            Now pending before this court is adversary Proceeding no. A90-00584-001-DMD, a dischargeability action regarding the disputed decree. This court has taken extensive evidence which is equally applicable to that cause as well as the motion for termination of stay. From the viewpoint of judicial economy, this court feels that virtually every issue raised in that adversary was extensively addressed in the stay proceeding. It makes sense for the parties to stipulate to submission of the termination of stay record with exhibits as the record for the adversary. There is no need for further proceedings. To do so will enable this court to issue a prompt decision. This decision will be helpful to the state court as well as the parties. Should the parties fail to so stipulate, the adversary action will be set for trial Wednesday, August 29, 1990 at 9:00 a.m. in Courtroom 2 - Room 126, 605 W. 4th Avenue, Anchorage, Alaska.

            ACCORDINGLY, IT IS HEREBY ORDERED that the automatic stay of 11 U.S.C. § 362 is hereby terminated as to Civil Case No. 3AN-   TOP      1 ABR 142  89-6758-Civil, now pending in the Superior Court for the State of Alaska, Third Judicial District, Lisa A. Palmatier, Plaintiff v. Richard T. Palmatier, Defendant, as well as to any real property associated therewith, particularly Lot Fifteen (4), of Commodore Park, Plat No. 84-298. (15), Block Four


            DATED:    August 22, 1990.


                  DONALD MacDONALD IV
                  United States Bankruptcy Judge


    Serve: G. Schadt
    W. Pace
    W. Barstow, Trustee
    U.S. Trustee
    Parties Requesting Notice
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