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Peare v. Jackson

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Appeal from the Superior Court of the District of Columbia (Hon. John H. Bayly, Jr., Motions Judge, Hon. Mary Ellen Abrecht, Trial Judge)

Argued June 28, 2001

The Superior Court found Charles S. Peare in civil contempt for his failure to make court-ordered support payments pendente lite to his wife Delores Jackson. In his pro se appeal from that judgment, Peare claims, inter alia, that he had filed a bankruptcy petition and was under what he calls the “blanket protection” of the automatic stay provision of the Bankruptcy Code, 11 U.S.C. � 362 (1994 & Supp. V 1999). Despite the overbreadth of this claim, as Peare articulates it, there is enough merit in it to entitle him to relief. Although a bankruptcy filing does not stay an action to establish a right to support or to collect support from property outside the debtor’s estate, Peare’s filing of a petition under Chapter 13 of the Bankruptcy Code should have stayed his contempt adjudication, because that adjudication was calculated to compel him to pay support from sources encompassed within the debtor’s estate. We vacate the order holding Peare in contempt and remand for further proceedings. In so doing, we do not reach Peare’s other claims of error.

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