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

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Attorney Answers (2)

Dorothy G Bunce

Dorothy G Bunce

Bankruptcy Attorney - Las Vegas, NV

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!

Diane L Gruber

Diane L Gruber

Bankruptcy Attorney - West Linn, OR

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

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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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