Bankruptcy and property division


#1

Divorce was 3 years ago but ED not just completed. Very complicated ED with lots of assests and some debts. The judge has already ordered an interium distribution of some things. Pretrial for ED set for May. Now ex spouse files for Bankruptcy. Will the pretrial go on as planned?

According to this site the judge in an ED case will look at the parties financial condtion at the time of distribution when deciding the ED. If he files bankruptcy and recieves a discharge on his debts then he will be in a better financial situation then I will as I am paying on lots of debts myself. Is it possible to hold all ED business until after his bankruptcy is finished. Right now he has nothing to give to me in ED as he squandered all his assests. My lawyer said we could get a judgement but there is a possiblity that a judgement may be dischargable to him.

Main question is whether ED will go on as planned while he is in BK. And if so, would this be in domestic court or bankruptcy court.


#2

Yes, I would absolutely recommend that ED be continued until after the bankruptcy is complete. ED will still take place in family court.