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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19027
Experience:  B.A.; M.B.A.; J.D.
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I have filed a Chapter 13 and got a judgment validating my

Customer Question

I have filed a Chapter 13 and got a judgment validating my Plan in February. In July, my wife filed divorce. My understanding is that the divorce judge would allocate the assets and the debts upon dissolution. Some debts are common with her too. However, does the Bankruptcy Court not have jurisdiction over my debts ? In which case, should the divorce not be stayed until the Plan is over and I'm discharged ?
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Customer: replied 8 months ago.
No problem. Thank you.
Expert:  Phillips Esq. replied 8 months ago.

However, does the Bankruptcy Court not have jurisdiction over my debts ?

Response 1: Bankruptcy Court has jurisdiction of your assets and debts.

In which case, should the divorce not be stayed until the Plan is over and I'm discharged ?

Response 2: The filing of the bankruptcy protection only stays part of your divorce case and not your entire divorce case. The bankruptcy filing does not prevent the Court from issuing Judgment of Divorce. However, the bankruptcy filing would prevent the Judge in your divorce case from ruling on assets and debts unless your spouse files with the bankruptcy Court to obtain permission to proceed with the divorce case. See 11 U.S. C. Section 362(b).

Customer: replied 8 months ago.
Ok, thank you for the response. When you talk about assets, does these include my home (Homestead exemption, therefore not part of the bankruptcy estate as it has been declared) and should I file a suggestion of bankruptcy in the CT divorce court .?
Expert:  Phillips Esq. replied 8 months ago.

Assets include all the marital assets that are subject to division in the divorce.

Yes, you need to file a suggestion of bankruptcy to give a notice of the bankruptcy filing in your divorce case.

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