Tuesday, October 16, 2012

WHAT SHOULD I DO IF MY BANKRUPTCY PUT MY DIVORCE ON HOLD?

QUESTION: My ex-wife and I filed an MSA, but before it was final I also had to file bankruptcy. At this point the bankruptcy has been discharged, but my ex-wife and I still have an agreement. So what is now needed to get the divorce off hold at the court. I have filed a copy of the bankruptcy discharge with the divorce court. I have a status hearing coming up. With an agreement in place, and the bankruptcy discharged, will the court issue a final Judgment on the divorce on or before that status hearing date? Does the agreement need to be resubmitted with current dates? ============================================== MY RESPONSE: You can address your questions to the Judge at the Status Conference. If you want to accelerate the process, and if the terms and conditions of the MSA are still valid and acceptable, you could submit a brand new Judgment package to the Court, with a newly signed MSA, and all other appropriate documents needed to complete the divorce (including but not limited to a Judgment, Notice of Entry of Judgment in quadruplicate, Appearance Stipulations and Waivers, Declaration re Default or Uncontested Dissolution, self-addressed stamped envelopes, and extra copies of the documents for the clerk to conform), and your case will be in line for processing by the Judgment Clerk far earlier than it would be if you wait for the Status Conference.

2 comments:

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O. Miller White said...

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