Bankruptcy and a Pending Domestic Relations Proceeding

//Bankruptcy and a Pending Domestic Relations Proceeding

Bankruptcy and a Pending Domestic Relations Proceeding

Nearly all pending domestic relations proceedings continue on after a bankruptcy petition has been filed. While a bankruptcy filing will stop a normal collections action in its tracks, the automatic stay does not freeze a divorce or custody proceeding. Domestic relations proceedings that continue on after the filing of a bankruptcy include the following:

  • Proceedings regarding child support and alimony;
  • custody and visitation proceedings;
  • support modification proceedings;
  • domestic violence proceedings;
  • the withholding of income to collect child support; and
  • restring of suspending drivers’ licenses to collect backdue child support.

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Written by Tom McAvity, Esq., bankruptcy lawyer
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