Case Summary:
Debtor stipulated to judgment of divorce assigning certain marital debts to each party, including a waiver of maintenance by Debtor in exchange for Section 71 payments from ex-spouse. The stipulation also set forth that the Section 71 payments could not be modified unless one party dies or the Debtor received an award for child support. When Debtor failed to pay her debts from the divorce judgement, ex-spouse filed contempt proceedings in state court. Ex-spouse was awarded judgment of the unpaid debts from the divorce judgment, among other awards. Debtor then sought Chapter 7 relief and subsequently received her discharge. Almost a year later the ex-spouse petitioned the state court to revise the divorce judgment requesting a reduction of the Section 71 payments to reflect Debtor's non-payment of bills which were imposed upon him as a result of Debtor's bankruptcy. Debtor filed a motion to reopen her case in order to bring a contempt motion and leave was granted. It was found that the ex-spouse was estopped from moving to modify the Section 71 payments. It was also found that the ex-spouse was attempting to enforce a discharged debt and was sanctioned under § 524 for Debtor's actual costs incurred in enforcing the discharge injunction of her bankruptcy.

Statute/Rule References:
11 U.S.C. § 341(a)
11 U.S.C. § 362(h) -- Damages for Willful Stay Violations
11 U.S.C. § 523(a)(15) -- Nondischargeability - Marital Obligations
11 U.S.C. § 523(a)(5) -- Nondischargeability - Divorce Decrees
11 U.S.C. § 523(c)
11 U.S.C. § 524(a)
11 U.S.C. § 727 -- Discharge
Fed. R. Bankr. P. 4007(b) -- Time for Commencing Proceeding Other than Under § 523
Fed. R. Bankr. P. 4007(c) -- Time for Filing Nondischargeability Complaint
Wis. Stat. § 767.32(1)
Wis. Stat. § 767.32(3)

Key Terms:
Sanctions
Divorce Decrees - Maintenance or Property Division