Legal Question in Bankruptcy in California

I filed chapter 13 in San Diego then moved to texas. I'm filing for divorce in Texas but the texas court won't allow me to proceed with my divorce unless the stay is lifted in my bankruptcy case.

My bankruptcy attorney says he's never heard of that before. Am I getting a run around?


Asked on 3/19/13, 6:26 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

The short answer to your question is relatively simple, but the longer answer is a bit more complicated. The Texas is probably wrong, but it shouldn't take much to file a motion with the bankruptcy court to get a "comfort order" telling the Texas court is has jurisdiction decide issues such as division of property.

Here is where things get more complicated. If this was a joint petition with your spouse, your bankruptcy attorney now has a conflict of interest and should probably withdraw from the case. You should probably talk to a new attorney.

Furthermore, your change of circumstances my make it worth checking to see if you are eligible for conversion to a Chapter 7 bankruptcy. If the reason filing a Chapter 13 has gone away, you might benefit from a Chapter 7 instead.

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Answered on 3/21/13, 8:31 am


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