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The Automatic Stay and the Intersection of Bankruptcy and Matrimonial Law

In re Moche reinforces how bankruptcy courts and matrimonial courts can work in tandem and harness the specialized expertise of both tribunals. While bankruptcy courts have exclusive jurisdiction to control the disposition of assets, the threshold issue of marital property rights is a matter that comes within the unique expertise of the matrimonial court. That determination in the matrimonial court ultimately impacts what steps may occur in the bankruptcy court proceedings.

10 minute read August 01, 2026 at 12:03 AM
By
Noah Weingarten and Anita Rojas Carroll
The Automatic Stay and the Intersection of Bankruptcy and Matrimonial Law

In In re Moche, No. 25-11831, 2026 WL 657433, 2026 Bankr. LEXIS 561, __ B.R. __ (Bankr.

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