Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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The automatic stay certainly trumps the probate court to the extent that the probate court is being utilized by another party to collect a debt. In other words, the automatic stay is an injunction against collection activity.
Although I don't know the details of your case, it doesn't seem like the automatic stay would affect the guardianship determination. That said, the probate court certainly would not be able to transfer your father's property, as that is now part of his bankruptcy estate. But I wouldn't expect that a petition for guardianship would ask for your father's property to be taken.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
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