<img class="alignleft wp-image-396 size-medium" src="http://www.courtappointedreceiver.com/wp-content/uploads/2014/09/EQUITABLE_DISTRIBUTION-300×177 avis sur achat viagra.png” alt=”division of assets” width=”300″ height=”177″ srcset=”http://www.courtappointedreceiver.com/wp-content/uploads/2014/09/EQUITABLE_DISTRIBUTION-300×177.png 300w, http://www.courtappointedreceiver.com/wp-content/uploads/2014/09/EQUITABLE_DISTRIBUTION.png 675w” sizes=”(max-width: 300px) 100vw, 300px” />The bankruptcy code (Sec. 362(b)(2)(B) provides an exception to the automatic stay for the enforcement of support.  However, the exception is limited to property which is not property of the estate under Sec. 541.  The problem is that a divorce is not only made up of support and the termination of the marriage.  There also remains the problem of the division of marital property.  Because marital property is also property of the estate under Sec. 541, a property settlement cannot be concluded without the approval of the bankruptcy court.

For a divorce to proceed, relief from the automatic stay must be obtained.  Once relief is granted, the family court is permitted to grant a divorce.  Though the family court is permitted to divorce the parties and issue a property settlement, the bankruptcy court must approve it.  This means that even though the parties are divorced, their property settlement isn’t final until the bankruptcy court approves the property division..

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