Legal Question in Bankruptcy in Ohio

Bankruptcy, Divorce and Domestic Violence Fraud

Here is a quite interesting and complex situation.

My soon to be ex-wife charged me with domestic violence in Ohio. With the use of the criminal protection order she has been able to grab and dispose of all of my pre-martial assets about $20K (95% of total assets were acquired before the marriage). She has moved and I don't know where she is living. I filed for Chapter 7, basically stating that my wife has all of my assets and I don't know where she is. She filed for divorce 5 days after I filed for bankruptcy - how does the bankruptcy effect the divorce she filed? She is going to lose the criminal case but it seems that she has a second bite of the apple on the civil case. Will the trustee force her to give back/sell my assets to pay the priority unsecured creditors (IRS)?


Asked on 9/16/02, 10:44 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Bankruptcy, Divorce and Domestic Violence Fraud

The bankruptcy will automatically stay the divorce action. The trustee can force her to disgorge the assets you mentioned, but that is not necessarily a sure thing. Have you filed a counterclaim, and are there mutual restraining orders from the court?

Read more
Answered on 9/16/02, 11:06 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Ohio