In a bankruptcy proceeding, is not the government also bound by the automatic stay?
If a litigant seeks to discharge a debt allegedly owed to the government, doesnt the government have to lift the automatic stay before it can collect on the alleged debt? This was a chapter 7 hearing in may of 2005. The debt in question is for student loans taken out in the 1980’s.. There was no appearance or objection by any government agency at the 341 hearing, but now 18 months post discharge the Department of Education has resumed collection.
You can’t get rid of student loans or child support. They don’t have to show up to your hearing or anything.
It sux. Sorry.
Good luck!