25 B 12789
Chapter 13 debtor sought sanctions against former spouse, alleging that she violated the automatic stay when she filed a show cause petition in state court.  He also objected to her claim, which was filed three weeks after the claims bar date.  The former spouse asked the court to allow her late claim.  HELD: Motion for sanctions granted.  The former spouse argued that her state court filings were excepted from the automatic stay pursuant to 11 U.S.C. § 362(b)(2)(B).  However, she did not show that she was collecting a domestic support obligation, or that her collection efforts were brought against property that was not property of the estate.  Since she was aware of the bankruptcy filing, she took questionable action by filing the show cause petition and willfully violated the automatic stay.  The court set the sanctions motion for further hearing, although punitive damages would not be awarded and attorneys’ fees would be subject to the Court-Approved Retention Agreement.  The court sustained the Debtor’s objection to the former spouse’s late-filed claim and denied her motion to allow it.  Only one exception to the claims bar date in Fed. R. Bankr. P. 3002(c) could possibly apply, but the former spouse had received notice sufficient to give her a reasonable time to file a proof of claim.