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
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.