When Bankruptcy Is Filed During Divorce: What Happens Next?
Update: 2025-10-13
Description
What happens when a bankruptcy petition interrupts a pending divorce? In this program, attorney James (Jim) Menton explores how a bankruptcy filing can upend the divorce process—and what attorneys need to know to move forward. He’ll address how the automatic stay can bring proceedings to a halt, the limited exceptions that allow divorce-related matters to proceed despite the stay, and the procedures for seeking relief or determining when the stay doesn’t apply. Mr. Menton will also examine what constitutes property of the bankruptcy estate and how to handle disputes over those assets in the context of family law.
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