Debtor received a Chapter 7 discharge in November 2015. Four years later, he filed a Motion for Contempt with this Court against three individuals: his ex-wife; her attorney during their divorce; and the State Court Judge who presided over their divorce. Debtor alleged the continued pursuit of a state court action, stemming from the divorce, by his ex-wife and her attorney, as well as the orders entered by the Judge, violated the discharge injunction under 11 U.S.C. § 524. Debtor’s ex-wife, her attorney, and the Judge all moved to deny the Motion for Contempt. The Court reserved judgment as it pertains to the ex-wife and her attorney. A further hearing will be scheduled to adjudicate their motions to deny the Debtor’s Motion for Contempt. The Court found that the Judge is entitled to Judicial Immunity because he acted within his judicial capacity and had proper jurisdiction over the divorce proceedings. The Court denied the Motion for Contempt against the Judge.
11 U.S.C. § 524 -- Effect of Discharge
Motion for Contempt