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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a divorce decree that states my ex was to refinance

Customer Question

I have a divorce decree that states my ex was to refinance within a certain time period to get my name off the business loans and contracts. He was not to file bankruptcy until all this was done. He has now filed bankruptcy (with my name still on these documents) he has a stay, I do not. can I sue him for contempt and force him to do what he was suppose to do? what about the bankruptcy stay? am I violating that stay?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

You would need to obtain permission from the bankruptcy court to proceed with a contempt action against your ex to avoid a stay violation.

It may be more cost effective to wait until the bankruptcy is discharged and then commence your action.