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court ordered mutual temporary restraining order issued one

Customer Question
month prior to husband's chapter...
court ordered mutual temporary restraining order issued one month prior to husband's chapter 7 bankruptcy petition. the restraining order was not listed on petition. what effect does a restraining order have on chapter 7 filing?
Submitted: 6 years ago.Category: Bankruptcy Law
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Answered in 2 hours by:
2/1/2011
Bankruptcy Lawyer: Maverick, Attorney replied 6 years ago
Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
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Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

 

Can you please give us a little more background information so we can better assist you? I am not sure that I see how the restraining order has any bearing on the Bk and vice a versa.

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Customer reply replied 6 years ago

will a restraining order filed in state court to stop dissipation of marital assets have any bearing on chapter 7 bankruptcy

Bankruptcy Lawyer: Maverick, Attorney replied 6 years ago

 

 

1. It would appear that both the restraining order and the filing of the BK would have the same effect as an automatic stay would be imposed when the Bk was filed.

 

2. So, for example, if the restraining order states that your husband cannot reckless spend all the money in a joint bank account and then your husband files bankruptcy, the bankruptcy trustee steps into the shoes of your husband and is faced with the order.

 

3. However, anything that the trustee does is not likely to violate the state's dissipation of marital assets order and it is further unlikely that any state court judge is going to tangle with a federal BK judge's automatic stay order.

 

In sum, I do not see how the state order has any bearing on the BK filing.

 

 

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Customer reply replied 6 years ago
would the court ordered restraining order have to be listed on petition
Bankruptcy Lawyer: Maverick, Attorney replied 6 years ago
A restraining order is not an asset or debt per se, so it would not have a place on the BK schedules for that to be listed.
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