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  1. #1
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    May 2008
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    Default State Court Rules Differnt Than Federal Court

    My question involves bankruptcy in the state of: Oregon
    I was divorced in 2006 and the Circuit Court ruled my house was all mine and wife had no interest in it, my wife agreed because I purchased the house while we were seperated. My ex-wife later filed Chapter 7 bankruptcy and in May of 2008 I recieved notice from Federal Court stating the Trustee for my ex-wifes bankruptcy is trying to obtain court order to sale my home and take half the proceeds. Can they do this after State Court ruled it is mine?

  2. #2
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    Default Re: State Court Rules Differnt Than Federal Court

    Quote Quoting dr97457
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    My question involves bankruptcy in the state of: Oregon
    I was divorced in 2006 and the Circuit Court ruled my house was all mine and wife had no interest in it, my wife agreed because I purchased the house while we were seperated. My ex-wife later filed Chapter 7 bankruptcy and in May of 2008 I recieved notice from Federal Court stating the Trustee for my ex-wifes bankruptcy is trying to obtain court order to sale my home and take half the proceeds. Can they do this after State Court ruled it is mine?
    Sure it can, that however does not mean it would be legally correct.

    The ruling would be based on federal law, which generally trumps state law.

    You need the advice of a BK attorney to sort trhough this. If the court orders a divsion, then you need to deal with it then on the advice of your lawyer.

  3. #3
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    Default Re: State Court Rules Differnt Than Federal Court


  4. #4
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    Aug 2007
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    Default Re: State Court Rules Differnt Than Federal Court


    I see.

    This case seems hauntingly familiar to the Anna Nicole Smith case. She was tangled in between state probate laws and federal bankruptcy law. What trumps what??

    The Ninth was reversed.

    As Missy points out in the other thread, be ready to do battle!!



    http://www.supremecourtus.gov/opinio...df/04-1544.pdf

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