Legal Question in Family Law in Illinois

Sir or Madam, if a petitioner is filing for half of the debt, such as mortgage, and all bills accrued because he has not paid it in over a year, is the defendant liable if she is trying to file bankruptcy - or has filed and it has not been finalized as of yet???


Asked on 9/22/10, 9:24 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Trying to file is not a legal term. If Respondent has filed a bankruptcy, any action with regard to the debt is a violation of the automatic stay. The stay does not effect support, however. So Petitioner can seek support, which can be used to pay for debts.

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Answered on 9/28/10, 4:43 am


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