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The Research Center
|        ||1. Divorce Source: EQUITABLE DISTRIBUTION AND BANKRUPTCY|
In this case, after the commencement of the divorce action but before the divorce was final, the wife filed for bankruptcy under Chapter 7 of the Bankruptcy Code and listed the husband as a creditor. The husband did not file any objections in the bankruptcy proceeding, nor did he seek a determinatio
|        ||2. Divorce Source: PENSIONS, DEFERRED COMPENSATION, AND BANKRUPTCY |
Almost one year later, in August 1990, the husband filed a bankruptcy petition and listed the wife as an unsecured creditor with a spousal support claim. In January 1991, the bankruptcy court granted the husband a discharge in bankruptcy.
|        ||3. Divorce Source: Family Law and the Bankruptcy Code, Part I|
Property of the Bankruptcy Estate of Debtor Who Is a Party in a Pending Action for Dissolution of Marriage. A. The filing of a bankruptcy petition creates an estate, which includes all assets owned by the debtor, certain assets acquired by the debtor within 180 days of filing, certain assets transfe
|        ||4. Divorce Source: THE INTERSECTION OF BANKRUPTCY AND DIVORCE FOR DIVORCE PRACTITIONERS|
Bankruptcy is an effective weapon to thwart or impede a divorce or undo the result obtained after a settled or contested divorce. . . . Typically, the spouse who files bankruptcy is the one obligated to pay alimony, child support and make the hold harmless payments. The filing spouse is seeking the
|        ||5. Divorce Source: What the Family Law Practitioner Must Know About the Bankruptcy Code: A View from the Bench, Part II |
Based on case law, a per se prohibition on serial filings would be inappropriate. Instead, serial filings should be considered on a case-by-case basis. Note that 109g, the sole Bankruptcy Code prohibition on refiling, applies only to individual debtors and family farmers..
|        ||6. Divorce Source: BANKRUPTCY DISCHARGE OF PROPERTY DIVISION OBLIGATIONS |
(©1996) The Bankruptcy Reform Act of 1994, which limited the dischargeability of obligations arising from property settlements, is producing a great deal of litigation between divorced spouses
|        ||7. Divorce Source: BANKRUPTCY DISCHARGE OF ATTORNEY'S FEES |
(©1996) In this case, a divorce client filed for bankruptcy relief very shortly after execution of a property settlement agreement and entry of a divorce decree. At the time, she owed her lawyers in the divorce
|        ||8. Divorce Source: BANKRUPTCY AND THE IMPACT ON PENSION AWARDS |
(©1996) The husbands petition in bankruptcy had no effect upon the wifes interest in his pension fund, because that interest had already been equitably distributed to her
|        ||9. Divorce Source: BANKRUPTCY DURING EQUITABLE DISTRIBUTION PROCEEDINGS |
Although the wifes debt to a particular creditor was discharged in bankruptcy, she could be held in contempt for failing to honor her agreement to hold the husband harmless for that debt unless he ha
|        ||10. Divorce Source: BANKRUPTCY AND THE RECOVERY OF ATTORNEY'S FEES |
(©1995) The trial court had jurisdiction to award the wife attorneys fees incurred when she intervened in the husbands bankruptcy proceeding to preserve her rights under the property settlement
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