In my divorce I was granted a portion of my ex spouse retirement. He is planning on filing bankrupty, will he be able to include this when filing.

Asked 5/10/2009 under Bankruptcy | 205 View(s) | More Legal Topics

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Nope.  Why, because that portion that is yours is no longer his.  So, at that point, if he files, the court places an automatic stay on everything -- he can't take anything out and it may require you to file motions to unfreeze your portion or not make your portion subject to bankruptcy.

Check in with a lawyer at www.attorneypages.com.  At the end of the day, you may be considered a creditor, and you will need to be notified.

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