[CLBS] Divorce proceeding as a a stay violation

[Laura Burri]

362(b)(2)(iv) says the stay does not apply to the commencement or continuation of a civil action for the dissolution of a marriage, except to the extent that such proceeding seeks to determine the division of property that is property of the estate. It would be better to get a stipulation for relief from stay to proceed subject to the rights of the estate. 


-----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
Cc: Rachel Boyle
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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