I saw this question answered on a family law firms website, I hope it helps: When a party files for bankruptcy, an automatic stay becomes effective. A bankruptcy estate is also created. The estate includes all non-exempt property of the party petitioning for bankruptcy. The automatic stay does not affect custody and visitation disputes or divorces except to the extent that division of bankruptcy estate property is at issue. The divorce court does not have authority to divide property in the bankruptcy estate. The divorce court retains authority to determine custody, visitation, child support and maintenance. Therefore, bankruptcy proceedings can stall or delay the division of property in divorce proceedings.