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
Family Law Attorney
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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
Chapter 7 Bankruptcy Attorney
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!