[CLBS] Divorce proceeding as a a stay violation

[Noah Hillen]

Why not just go cut a deal with the trustee regarding the division of
assets?  In other words, offer to purchase the assets your client wants
from the bankruptcy estate pursuant to Section 363(f).  This abates the
need for a state court trial and you don't have to negotiate a deal with
the ex-spouse.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick J.
Geile
Sent: Wednesday, March 01, 2017 10:59 AM
To: Bankruptcy list <clbs at admws.idaho.gov>
Cc: Rachel Boyle <rboyle at foleyfreeman.com>
Subject: [CLBS] Divorce proceeding as a a stay violation

If a state court magistrate holds a trial on division of assets, but
reserves the right for a final decree or makes a division between the
parties subject to the rights of a the estate is a pending the Joint
chapter 7 case, would that be a stay violation.

Patrick J. Geile
Foley Freeman PLLC
953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho
83642 Direct line: (208) 947-1563
Phone:  (208) 888-9111
Fax:  (208) 888-5130

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