Legal Question in Family Law in Arizona

Bankruptcy / Divorce

My ex filed bankruptcy the day before our divorce hearing. The divorce was granted, yet the property couldnt be divided until I got the stay removed in BK court. I got the stay lifted, went back to divorce court, and the judge made a ruling on property division. The property ruling was done on Nov 1st, 2006. Today, Dec 11th, the BK got dismissed for bad faith. The BK judge ordered that the homestead monies be returned and divided equally between the two of us, yet my ex's half of the homestead is more than what the divorce judge ruled he was entitled to, which makes my half less than I was supposed to get. What can I do? The money wont be released for a couple of weeks...can I do anything to prevent my ex from getting that money? Can I go back to state court or is it too late? Can I file a writ of garnishment based on my divorce decree which states that I am owed a certain amount out of his proceeds? Thank you for your help!

Laurie


Asked on 12/11/06, 10:33 pm

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Bankruptcy / Divorce

You can absolutely go back to ONE OF THE COURTS and get the matter addressed. I cannot give you an exact plan without seeing the current Orders from both. I would agree that time is of the essence, however. You need to act quickly.

We can absolutely help.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/12/06, 10:33 am


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