Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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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).
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.