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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2670
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Meanwhile, a new issue came up... So my possible plan was to

Customer Question

Meanwhile, a new issue came up... So my possible plan was to file my Answers, a cross-claim for Legal Separation and if available, special defenses to bring up all the evidence in my pleadings showing that properties are separate etc... and thereafter to file a Motion for an Order Pendente Lite to allocate my property etc...
The issue that may complicate the whole thing is that I should file a suggestion of bankruptcy. See my conversation here attached.
The suggestion should state that the action regarding my debts are stayed by the pending Chapter 13 and as for my assets, I need some further clarification, which I asked to my bankruptcy lawyer.
The tricky part is to introduce that request for an Order pendente lite to allocate property pending final decree after having filed a suggestion of bankruptcy to stay the process. Typically, is there some kind of incompatibility unless my home is not part of the bankruptcy estate (???) because it's homesteaded, for which I had contradictory opinions ? Regardless of the status of my home in the bankruptcy court, is there not some sort of incompatibility and typically would litigants file the request for the Order pendente lite first and wait for the outcome to file the suggestiong of bankruptcy, in similar situations ?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Ely replied 11 months ago.
Hello and thank you for requesting me. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
That is a very good expert and I have tremendous respect for them. I am afraid on my side - I have a bit of a "non" answer for you. Bankruptcy is not one of my major areas. I do not know to a nuanced point of view how bankruptcy interacts with divorce. FOR THIS question, I will opt out and open this up for other experts who may be more able to answer this. My apologies.
Customer: replied 11 months ago.