 | 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
...
100.0%
 |
| | 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.
...
100.0%
|
| | 3. Divorce Source: New Jersey Family Law and Bankruptcy
For those divorcing or divorced in new jersey, the bankruptcy issues generally fall into three categories; 1 The payment of child support and alimony after a bankruptcy has been filed; 2 The enforcability of a property settlement agreement after a bankruptcy has been filed; and 3 What happens to a j
...
94.4%
|
| | 4. 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
...
80.6%
|
| | 5. 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
...
80.6%
|
| | 6. Divorce Source: Bankruptcy and Divorce in Mississippi
Burdened by high interest payments, many divorcees turn to the bankruptcy courts to alleviate the strain of their debts. I put standard language in my divorce agreements that is calculated to protect you in the event that your spouse files bankruptcy, but I do not specifically handle these types of
...
72.2%
|
| | 7. Divorce Source: Family Law and the New Bankruptcy Code
There are several major changes that the new bankruptcy code hereinafter referred to as the BACPA has made on the practice of family law. All domestic support obligations are now classified first priority claims under section 507a1 of the Bankruptcy Code. Second among the first priority debts are th
...
72.2%
|
| | 8. 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..
...
63.9%
|
| | 9. 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
...
63.9%
|
| | 10. 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
...
63.9%
|
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