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The Research Center
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         | 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%
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         | 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%
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         | 3. 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%
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         | 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%
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         | 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..
... 63.9%
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         | 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
... 63.9%
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         | 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
... 63.9%
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         | 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
... 63.9%
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         | 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
... 63.9%
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         | 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
... 63.9%
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