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Law Office of J. Wyatt Wimberly, LLC
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How Bankruptcy Could Affect your South Carolina Divorce
Blog /by Wyatt

Bankruptcy can have huge implications for your Divorce in South Carolina both procedurally and practically.  For starters, bankruptcy proceedings place an automatic stay on certain areas of Family Court litigation involving marital assets, debts, and the equitable distribution thereof.  However, an automatic stay created by a bankruptcy proceeding may be resolved so long as you have a consent order from the bankruptcy court which effectively lifts the stay in order to resolve the marital issues.  Such consent orders normally require additional relief from the stay in order to enforce an obligation created in Family Court against the property of the estate.
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