Q: How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.
A:
If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.
The Automatic Stay will stop most of the action in the family law court and the assets/liabilities will be dealt with by the bankruptcy court. issues related to children and/or support are not stayed and can continue in the family law court.
Hopefully you already have a family law attorney representing you. You should also consult with a consumer bankruptcy attorney that is experienced in the relationship between family law and bankruptcy law in your area.
A: The case doesn’t move to family court. It stays in bankruptcy court. You preserve your claim in bankruptcy subject t to possible division in divorce court.
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