(Bankr. E.D. Ky. Oct. 28, 2014)
The bankruptcy court denies the debtor’s ex-wife’s motion for stay relief to seek an order from the state court determining rights in the marital residence. The ex-wife argued that the divorce decree gave the debtor an option to purchase, which option was not exercised. Thus, the ex-wife argued, the state court needed to decide how the residence should be distributed. The bankruptcy court held that the state court’s divorce decree clearly gave the debtor title to the residence, which made the ex-wife simply a creditor of the estate for the purchase price, rather than a co-owner. Opinion below.