The Impact Of The Automatic StayOn Domestic Relations Proceedings – Part II of II

By Professor Michaela M. White*

PART II - RELIEF FROM THE AUTOMATIC STAY IN DOMESTIC RELATIONS MATTERS

Motions for Stay Relief for Division of Marital Property

As we have seen, the vast majority of family law actions and proceedings are not affected by the automatic stay, especially after 2005. Most motions for relief from the automatic stay now concern the division of marital property when it is or may be property of the estate. This is a complicated area especially where a divorce is pending when a . . .

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