I have filed an initiating application with Federal Circuit Court for property orders. The interim order is to be heard on the 18th February. It is for property orders only. I have received advice from the respondent (however truthful I'm not sure) that he will be filing for bankruptcy on the 3rd February, prior to our initial court hearing. We currently live in mortgaged properties that are subject to the Property hearings in court. The house he lives in has my name on the mortgage. If he files for bankruptcy, they will obviously take his mortgaged property, plus as my property is security for that mortgage the mortgagor takes my house as well.
Interim orders were being heard as a matter of urgency already due to the houses almost being repossessed on Christmas Eve.
Is there anything I can do to 'hold' the respondents bankruptcy until our initial Court date? The respondent works in a high paying job in the mines, and I am confident he can maintain his debts. I assume Consent Orders can still be heard in Court, there is just less to divide?
Interim orders were being heard as a matter of urgency already due to the houses almost being repossessed on Christmas Eve.
Is there anything I can do to 'hold' the respondents bankruptcy until our initial Court date? The respondent works in a high paying job in the mines, and I am confident he can maintain his debts. I assume Consent Orders can still be heard in Court, there is just less to divide?