EX WIFE FILED MOTION FOR STAY CHAPTER 7 SHE IS NOT A CREDITOR WHAT CAN I DO?

Asked over 1 year ago - Salt Lake City, UT

SHE FILED FOR DIVORCE IN 2009 BUT WE HAVE NEVER SETTLED IT IS A STAND OFF. NO CHILDREN OF THE MARRIAGE, i FILED CHAPTER 7 NOW SHE MOTIONED FOR A STAY TO CONTINUE WHAT SHE SAYS IS AN AGREEABLE SPLIT OF ASSETS, IT WILL NEVER BE AMICABLE SHE DEMANDS EVERYTHING 650 IN ASSETS LIQUID. I WANT BK TO SPLIT IT. HER MOTION REFERENCES CARVER v CARVER. (NO RELEVANCE TO OUR CASE SINCE THERE IS NO JUDGEMENT FOR ANY SUPPORT OR OTTHER HOW CAN I REPLY WITH A REFERENCE TO Secrest, 453 B.R. 623 (Bankr. E.D. Va. 2011) (the chapter 7 debtor’s wife sought
relief from the automatic stay to pursue an equitable distribution of property of the
bankruptcy estate in a pending divorce case; the most significant asset appeared to be
the marital home valued at $1.3 million with a lien of less than $500,000; no exemption
was claimed regarding the residence; the court stated that whether to permit a
determination of property rights in the state court is discretionary; given the facts of the
case, the court determined that the trustee should sell the residence under § 363(h) and
convert the residence into proceeds; the state court could continue to determine the
equitable distribution of the estate provided it did not divide the property of the
bankruptcy estate; the state court was permitted to conduct an equitable distribution

Attorney answers (2)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is not an issue you will be able to address without legal representation unless you have attended law school and completed at least a couple of semesters in bankruptcy law. Hope this perspective helps!

  2. Diane L Gruber

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Good grief! You need a divorce attorney who also does bankruptcy. If you already have a bankruptcy attorney, have him/her refer you to a divorce attorney so everything can be coordinated. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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