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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19131
Experience:  B.A.; M.B.A.; J.D.
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I am in the process of filing bankruptcy my question is I am

Customer Question

I am in the process of filing bankruptcy my question is I am also in the middle of a separation if the house is under bankruptcy protection could I be forced to sell it if are assets are decided by a civil judge ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.

No. In order for the house to be sold, permission to sell it must be obtained from the bankruptcy Court.

Customer: replied 1 year ago.
I understand that what I am asking if me and my wife go to family court and the house is under bankruptcy protection is there anyway the family judge could order me to sell it
Expert:  Phillips Esq. replied 1 year ago.

No, unless the property division has been cleared by the bankruptcy Court. The State Court has not authority to order the sell without permission of the bankruptcy Court. However, if the State Court Judge is not aware of bankruptcy rules and makes the Order, then you would need to file Motion to Vacate the Order because the Order is not proper without the permission of the Bankruptcy Court.

Customer: replied 1 year ago.
Ok so is there any chance that the bankruptcy court would allow the sell
Customer: replied 1 year ago.
I loose you
Expert:  Phillips Esq. replied 1 year ago.

Whether or not the bankruptcy Court would allow the sell would solely depend on the argument presented to the bankruptcy Court.

Customer: replied 1 year ago.
that's a yes I am just wanting to no how common that would be
Expert:  Phillips Esq. replied 1 year ago.

I cannot say a "yes" because I do not know what evidence is going to be presented to the bankruptcy Court. Every case is different based on specific facts.