Legal Question in Bankruptcy in Texas

Bankruptcy effects on divorce action
My mother seperated from her husband(married 10 years) about 2 months ago.
She went to file for divorce and found that he has filed for bankruptcy. She was told that she could not do anything until the bankruptcy was over. He is living in her house that was paid for and willed to her by her parents before she was married. Her husband refuses to get out of the house. Once again, she was told that bankruptcy protected him from any court action. Is this true ? Can this person keep living in her house rent free and prevent her from filing for divorce?

Asked on 4/19/99, 6:44 pm

David Sergi Sergi and Associates PLLC

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Re: Bankruptcy effects on divorce action

Your mom can file a Motion to Lift the Stay in the bankruptcy court.

This will allow the Court to kick the divorce case back to the State Court.

I have also been effective in filing for an injunction in the bankruptcy court along with my lift stay motion and really

gotten the other side balled up because the bankruptcy lawyer then gets dragged into a divorce case.

What your mom needs to worry about is finding a good bankruptcy family lawyer to make sure that the divorce is final before the bankrutcy is

so that the state court can sock your dad with most of the debts

which would render them non dischargable.

Please email me if you have any other questions.

David Sergi

Law Offices of David K. Sergi

109 East Hopkins, Suite 200

Answered on 4/20/99, 8:30 am

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