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If the preliminary injunction was violated by a spouse- say…

If the preliminary injunction was...
If the preliminary injunction was violated by a spouse- say they encumbered the property by putting the house in a chapter 13 bankruptcy during the divorce proceedings when the property is only 1 month behind and that spouse did not want to pay on property without the permission of the other spouse and the judge- can the judge notify the bankruptcy courts to get the spouse removed from that court- since this spouse is encumbering the property without the courts permission?
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Answered in 1 day by:
3/10/2018
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,545
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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No. Houses are not "placed" in Chapter 13. The property is already encumbered by the mortgage. Only the individual owner can be in the 13 proceeding, not the property itself. Also, a divorce judge has no authority in the bankruptcy proceeding.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. (Scroll to the top of this reply to locate the rating buttons.) If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated. Thanks for using JUST ANSWER.

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Customer reply replied 1 month ago
Ok doesn't the preliminary injunction say that property should not be encumbered? I'm reading it can you enlighten me on how,else I am to interpret this?

I don't know what your preliminary injunction says. You didn't post a copy of it. To encumber real estate is to create a legal right, usually a lien or other security interest, in that land to a third party. A Chapt. 13 filing does not create a legal right in the land in favor of either the court or the trustee. Please don't forget to enter a rating for this answer. Hopefully a five star. Enjoy the weekend.

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Customer reply replied 1 month ago
Here is what my P.I. looks like (please if you could read it.) 1a or 1b or 1c- where it states what it forbids spouses to you unless both in agreement or through the courts-
Please just for a moment- read it for face value- (forget about the chapter 13 please) - all I am asking is this not saying what both are barred from doing unless both agree and or the judge agrees first?

Okay, I read it and have read several hundred just like it. I don't see anything that changes my prior answer. I'm sure that I could explain your situation better by phone. I have made that offer.

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Customer reply replied 1 month ago
I would take that Offer but my funds are rather guarded at this time
So I'm seeking a simple yes or no To the question encumbering property And the permission that was to be given that just one person can't do it on their own without agreement Of the other or the judge

Presuming that filing Ch 13 encumbered the property, made your basic assumption wrong, so I guess the answer is "no". As I keep saying, filing Chapter 13 does not constitute "encumbering" the property and would not violate that restraining order. All the TR0 means is that the person can't put a big mortgage on the property and impair your equity rights. Nor can he sell it, pocket a few bucks and cheat you that way. Filing the 13 has not affected you in any way. PLEASE don't forget to enter a positive rating. THANKS FOR USING JUST ANSWER.

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Customer reply replied 1 month ago
Mmh....so I can file a chapter 13 in the middle of a divorce without informing my spouse that im going to do it? When there is no reason to file it?

Yes, but if there's no reason for it to be filed it will soon be dismissed by the Court.

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The Bankruptcy Court that is.

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,545
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Customer reply replied 1 month ago
Ok
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,545
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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