Post-Nuptial Agreements Enforcement in Chapter 7

| Sep 13, 2010 | Bankruptcy, Divorce |

The Chapter 7 debtor sought to invalidate a post-nuptial agreement requiring him to pay money to his wife upon divorce.  The wife filed a motion to enforce the agreement and to lift the automatic stay.  She asked the bankruptcy court to permit her judgment and allow the divorce court to issue judgments and orders concerning child support and child custody.

The bankruptcy court granted the wife’s motion for relief from the stay, holding that the debtor presented no evidence demonstrating any prejudice to him.  Thus, it permitted the divorce court to issue judgments and orders concerning domestic support obligations and separation of property.