.jpg "carol schwartz not catholic")
Syracuse Model Neighborhood Corp., 613 F.2d 438 ( 2d Cir. The movant bears the burden of demonstrating the absence of such a question. 1983) In re Euro-Swiss International Corp., 33 B.R. The narrow issue presented on a motion for summary judgment is whether the papers presented raise a material issue of fact necessitating trial. Plaintiff also seeks relief from the stay to allow entry of that judgment. Judgment on the award of attorneys fees was not entered and the parties agree that such entry is stayed by operation of § 362 of the Code.
§ 362 ( 1984), the state court entered an order on Novemimplementing the terms of its Madecision denying the relief requested by the debtor. Notwithstanding the automatic stay provided by § 361 of the Bankruptcy Code, 11 U.S.C. No payment was made the debtor filed a Chapter 7 petition in this Court. In the event that no timely payment is made, the Clerk is to enter judgment upon the presentation by counsel of an affidavit attesting to non-payment, along with a copy of this decision. If the defendant makes payment of the said counsel fees within the said thirty day period, then no judgment will be entered. In making the award, the state court made no provision for settlement or submission of an order implementing the decision, but noted that the movant had requested "that if an award is made, it be in the form of a money judgment, if the defendant fails to make payment within thirty days from the date an order is entered." The court also ordered that entry of judgment is to be deferred for thirty days from the date that plaintiff causes a copy of this decision to be served upon the defendant and his retiring counsel. In a subsequent decision, entered on September 21, 1984, that court awarded counsel for Carol Schwartz a combined total of $21,718.75.
#Carol schwartz not catholic trial#
1 Ostrow served debtor with a notice reflecting that intention on December 28, 1983.Īfter a seven day trial the state court entered a decision on Mawhich denied nearly all the relief requested by debtor. Plaintiff and another attorney who performed some initial service represented Carol Schwartz in the action without retainer, agreeing to seek compensation solely by application to the state court pursuant to N.Y. § 237 (b) ( McKinney Supp.1977-1984) ( " Domestic Relations Law"). He further sought an order suspending all payments of alimony and child support, granting him sole custody of his two children, removing them from Catholic schools because of the separation agreement provision that they be "raised as Jews" and allowing him to enroll them in afternoon Jewish religious study courses, expanding his visitation rights and compelling his former wife to authorize the schools they attended to furnish him with notices and report cards. Prior to that time, on October 21, 1983, debtor revived a divorce proceeding in the Supreme Court of the State of New York, County of New York seeking an order of contempt against his former wife, Carol Jean Schwartz, for violating his visitation rights as defined in a divorce decree entered on June 18, 1974.
#Carol schwartz not catholic code#
Joseph Balfour Schwartz ( " Debtor") filed a petition under Chapter 7 of the Code on October 5, 1984.
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