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The Automatic Stay In Family Law Proceedings: Do We Really Have to Stop?
Author(s) -
Dee McGarity Margaret
Publication year - 2014
Publication title -
juvenile and family court journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.155
H-Index - 19
eISSN - 1755-6988
pISSN - 0161-7109
DOI - 10.1111/jfcj.12013
Subject(s) - bankruptcy , family court , law , order (exchange) , action (physics) , family law , political science , business , finance , physics , quantum mechanics
Since family disasters often come in clusters, many family court judges aren't sure what can continue in their court and what cannot after one of the parties to the family court action files a bankruptcy case. The 2005 Act amendments expanded the exceptions to the automatic stay, so much will remain unaffected. However, a few proceedings still require bankruptcy considerations and perhaps an order for relief from the stay. This article is intended to remove some of the mystery of how the automatic stay affects family court proceedings.