01-28-08 A-3013-04T2
In this divorce action, after the defendant had filed for
bankruptcy and while the automatic bankruptcy stay was still in
effect, the trial court suppressed defendant's answer for
failure to provide discovery. This action violated the
bankruptcy stay and was void with respect to the equitable
distribution issues in the case.
After the bankruptcy stay was lifted, the court entered a
default judgment of divorce. Since the suppression of
defendant's answer with respect to equitable distribution issues
was void, the provisions of the default judgment of divorce
providing for equitable distribution must be set aside. Due to
the interdependence of the financial issues in a divorce case
recognized under New Jersey law, the trial court also should not
have proceeded to suppress defendant's alimony claim nor award
counsel fees.
