CompFox AI Summary
Terry Wayne Whitefield and Carol Wright Whitefield filed a joint Chapter 13 bankruptcy petition. The Child Support Division of the Sumner County Office of the District Attorney General inadvertently violated the automatic stay by initiating contempt proceedings and a wage assignment against Terry Wayne Whitefield for child support. The debtors filed a contempt petition seeking declaratory relief and attorney's fees. The court granted declaratory relief, finding the Child Support Division violated the automatic stay, and ordered the State of Tennessee to pay $200.00 in attorney's fees, ruling that Eleventh Amendment sovereign immunity does not bar such an award when ancillary to prospective relief. However, the petition for sanctions against Tonja Whitefield was denied due to insufficient evidence of her direct action.
In Re Whitefield is a workers' compensation case decided in United States Bankruptcy Court, M.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in United States Bankruptcy Court, M.D. Tennessee.
Full Decision Text1 Pages
Terry Wayne Whitefield and Carol Wright Whitefield filed a joint Chapter 13 bankruptcy petition. The Child Support Division of the Sumner County Office of the District Attorney General inadvertently violated the automatic stay by initiating contempt proceedings and a wage assignment against Terry Wayne Whitefield for child support. The debtors filed a contempt petition seeking declaratory relief and attorney's fees. The court granted declaratory relief, finding the Child Support Division violated the automatic stay, and ordered the State of Tennessee to pay $200.00 in attorney's fees, ruling that Eleventh Amendment sovereign immunity does not bar such an award when ancillary to prospective relief. However, the petition for sanctions against Tonja Whitefield was denied due to insufficient evidence of her direct action.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.