I've filed bankruptcy but she has not. I'm trying to get her to petition the bk court to release the divorce to move forward.
Divorce / Separation Lawyer
That is a question for a bankruptcy attny, in most cases your divorce may move forward but cannot be made final regarding the financial matters due to a bankruptcy, to be safe, I would suggest you re post this again in the bankruptcy section and see what happnes. Take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
25 found this helpful
Social Security Lawyers
So, the divorce was pending and you filed a bankruptcy petition that automatically stayed the divorce and you want your wife to petition the bankruptcy court to lift the stay that your bankruptcy petition caused to be entered. Let me guess further that you are representing yourself in both proceedings, and you want the good-hearted bankruptcy attorneys that frequent Avvo to save you from yourself. Please take this as your wake-up call. You need the guidance of an experienced bankruptcy attorney to lead you through what is a complicated process fraught with opportunities for you to self-inflict damage. (Representation in your divorce would better serve your interests as well.) Filing a bankruptcy married, but not joiintly, while a divorce is pending is not something that most experienced bankruptcy attorneys would recommend and now you must live within the limitations you have caused to be imposed. if you do not know a competent bankruptcy lawyer, use the attorney-finder at www.nacba.org. I am a longtime proud member of NACBA, and trust my CA colleagues to advise accurately.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
3 lawyers agree
You have to file a motion for relief from the automatic stay. Try looking on the court's website, www.cacb.uscourts.gov, under forms for what she needs to file.
Attorney's response does is not intended as legal advice is intended for informational purposes only. Attorney's response does not create an attorney client relationship. Inquirer should seek the advice of a duly licensed attorney within that particular jurisdiction.
2 lawyers agree