Posted on: 29th Dec, 2008 12:29 pm
Hello,
I am currently in the middle of a divorce. I filed for bankruptcy when separated. Now we can't finish the divorce without a lift-stay from the bankruptcy trustee. In the bankruptcy, I surrendered my ownership of the house, but apparently, there is the stay. Now the divorce judge says we can't go forward without the trustee's lift-sty in which I have to hire another attorney for since the bankruptcy court won't allow my bankruptcy to do it. Can a quick deed help us. My ex-husband claims this will be the answer instead of speding more money for an attorney. Can you help me?
Thanks,
Elise
I am currently in the middle of a divorce. I filed for bankruptcy when separated. Now we can't finish the divorce without a lift-stay from the bankruptcy trustee. In the bankruptcy, I surrendered my ownership of the house, but apparently, there is the stay. Now the divorce judge says we can't go forward without the trustee's lift-sty in which I have to hire another attorney for since the bankruptcy court won't allow my bankruptcy to do it. Can a quick deed help us. My ex-husband claims this will be the answer instead of speding more money for an attorney. Can you help me?
Thanks,
Elise
Hi Elise T,
A quitclaim deed will not help you in this case. It will not help you remove the stay. A motion has to be filed in order to lift stay and for that you need to consult a bankruptcy attorney.
You have said - "Now the divorce judge says we can't go forward without the trustee's lift-sty in which I have to hire another attorney for since the bankruptcy court won't allow my bankruptcy to do it. " Did the judge tell you that you will not be able to use your bankruptcy attorney to file the motion? As far as I know, you should be able to take the help of the same attorney.
Thanks
A quitclaim deed will not help you in this case. It will not help you remove the stay. A motion has to be filed in order to lift stay and for that you need to consult a bankruptcy attorney.
You have said - "Now the divorce judge says we can't go forward without the trustee's lift-sty in which I have to hire another attorney for since the bankruptcy court won't allow my bankruptcy to do it. " Did the judge tell you that you will not be able to use your bankruptcy attorney to file the motion? As far as I know, you should be able to take the help of the same attorney.
Thanks