How Bankruptcy Affects A Divorce In California | Nicholas Gebelt

Описание: http://www.goodbye2debt.com/

Law Offices of Nicholas Gebelt
15150 Hornell St
Whittier, CA 90604
(562) 777-9159

We will look at the case of the divorce proceedings are in progress and one of the parties files a bankruptcy petition. Anytime someone files a bankruptcy petition, whether it is under chapter 7, 11, 13, just the act of filing the petition triggers a stay. The debtor doesn’t have to do anything else, so it’s called the automatic stay. In law, stay says stop. Whatever stayed has to stop immediately. And in this context, what stayed or stopped is all action by creditors against the debtor, against the debtor’s possessions, and against the bankruptcy estate that’s created when the debtor files that petition.
There are some carve outs in the bankruptcy code. That state that the automatic stay does not apply to a couple of other things. And they’re listed in section 362(b) of the bankruptcy. 362(a)(b)(i) lists matters that are associated with divorce. If the bankruptcy has been filed, it does not stop any proceeding to determine paternity. It does not stop any proceeding to determine child custody or visitation. It does not stop any proceeding to determine domestic support obligations, it does not stop the dissolution process itself and it does not stop any proceedings regarding domestic violence. There are some things associated with the divorce that are stopped. Certainly, the division of assets is stopped, because the assets are part of the bankruptcy estate and all actions against the bankruptcy estate have to stop. This means that division of assets, one of the key components of the divorce process, cannot be completely while the stay is progress.

For More Information About Bankruptcy, Please Visit:
https://en.wikipedia.org/wiki/Bankrup...

For More Videos, Subscribe Our Channel:
   / @lawofficesofnicholasgebelt6129  

Related Videos:

   • The Most Common Causes Of Bankruptcy After...  

   • How Bankruptcy Affects A Completed Divorce...  

   • How Child Support And Alimony Can Be Affec...  

   • How The Enforceability Of A Divorce Proper...  

   • How Joint Credit Card Debt Is Handled Afte...