Can a Virginia divorce court judge enforce discovery sanctions despite a bankruptcy filing through equitable distribution?
In the case of Spreadbury v. Spreadbury in the Circuit Court of Fauquier County Case No: CH04-125 (February 20, 2009) a judge enforced his discovery sanctions order by providing that wife would receive no less than a certain amount for her unsecured creditors. The case started when wife filed for a divorce in the Virginia Circuit Court. Husband sent discovery requests, Interrogatories and Requests for Production of Documents, to wife which wife failed to answer. Husband filed a motion to compel wife’s responses to discovery. The husband and wife then settled the case before trial. On the original trial date, the wife disavowed the settlement and the parties continued discovery with a new trial date. The husband filed a second motion to compel responses to discovery and the case was rescheduled for a trial. The court entered an order compelling wife to answer husband’s interrogatories. The husband filed a motion for sanctions. When wife still refused to answer discovery, the divorce cou
