Wife not permitted to advance equalization of property claim after having declared bankruptcy – Law Times

Parties entered into minutes of settlement that provided husband would assume ownership of matrimonial home as well as related debts and expenses, and pay wife $40,000 in exchange for release of her property division and spousal support claims. Following year, wife made assignment into bankruptcy and was automatically discharged from bankruptcy nine months later. Wife now claimed she was denied independent legal advice and was under duress, and settlement was unfair. Wife brought application to set aside minutes of settlement so that she could advance claims for equalization of property, spousal support and constructive trust. Th…

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