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Divorcing While Filing Bankruptcy

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Bankruptcy is a sticky situation, and divorce can be just as bad but what happens when both are occurring at the same time? Juggling a variety of legal issues under emotional stress can feel messy and nearly impossible. 

Automatic stay is granted to individuals filing for both Chapter 7 and Chapter 13. Automatic stay in bankruptcy happens after a person begins to file for bankruptcy, it prohibits continuing debt collections, repossessions, foreclosure sales, garnishments/levies, and most of all prohibits beginning or continuing lawsuits to a certain degree.

Automatic stay lasts until a judge cancels the stay from the request of a creditors, the debtor is discharged, or the item of property is no longer a part of the estate.

Some people believe that a bankruptcy case can stop a family court case, especially when they've learn about automatic stay. However, that is a common misconception. There are many rules in which automatic stay may or may not apply.

Here are some examples of cases when automatic stay does not apply:

· Paternity

· Domestic Support Obligations

· Child Custody/Visitations

· Divorce - that are not dividing property of an estate

· Domestic Violence

· Past Due Domestic Support Obligations

Most cases automatic stay does not prevent collection of alimony or child support from any property unless it belongs to a bankruptcy estate. Therefore if a person's been delinquent on child support payments, it can still be reported to the credit bureaus agencies and tax refunds can still be intercepted.

However sometimes in Chapter 13, wage garnishments for past due alimony or child support can be stopped temporarily because it is technically a property of the bankruptcy estate. However those payments will then be added to that Chapter 13 repayment plan.

We at Timothy J. Sierra Attorney at Law would like to state that our blog posts and links, on our web page or any other social media outlet, to any other web pages are not intended for legal advice. We are not responsible for third party website information. If one is in need of legal advice please contact an attorney directly.

Source: Consumer Help Central | Family Law Exceptions

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