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The Research Center
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Category Matches:
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 | 11. Divorce Source: What the Family Law Practitioner Must Know About the Bankruptcy Code: A View from the Bench, Part II
Successive Filings. A. Serial filings occur because the Bankruptcy Code does not permit postconfirmation modification once the plan is substantially consummated. The only statutory option upon a plan default is to dismiss or convert to Chapter 7. See 1112b8.
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5.9%
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| | 12. Divorce Source: What the Family Law Practitioner Must Know About the Bankruptcy Code: A View from the Bench, Part I
The jurisdiction of the bankruptcy courts, like that of other federal courts, is grounded in and limited by statute. Celotex Corp. v. Edwards, 514 U.S. 300, 115 S. Ct. 1493, 131 L. Ed. 2d 403 1995. This grant both limits and confirms the bankruptcy courts jurisdiction, which is not terminated by con
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5.9%
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| | 13. Divorce Source: Tax Issues When Cross-Examining the Owner of a Cash Business
Often, when the opposing party is an owner of such a business, your client may have income tax liability exposure if called upon to testify as to the receipt of cash income. Indeed, the court may have a duty to report the spouses where there appears to have been income tax fraud committed. In some c
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5.9%
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| | 14. Divorce Source: ECONOMIC TORTS
The failure of one spouse
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5.9%
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| | 15. Divorce Source: FRAUDULENT CONDUCT BY ATTORNEY
(�1999) The wife filed for divorce in 1995. In 1996 a hearing was conducted, and the trial court ordered the husband to pay the wife $30,000 for fraud on the estate and waste of community assets unless the husband could properly account for $30,000 that he had presumably received as settlement funds from a
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5.9%
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| | 16. Divorce Source: LEGAL MALPRACTICE IN ADVICE REGARDING SETTLEMENT
(�1997) A divorce clients malpractice claim against her former lawyers, who allegedly negligently advised her in settling property division issues, was not barred by her conduct in accepting financial
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5.9%
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| | 17. Divorce Source: RELIEF FROM JUDGMENT DUE TO LAWYER'S MISTAKE
(�1997) The wife was entitled to relief from judgment on the ground of excusable neglect because her lawyer inadvertently made a mathematical error when calculating the value of the parties marital property
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5.9%
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| | 18. Divorce Source: WAIVER OF ATTORNEY-CLIENT PRIVILEGE
(�1997) The wife did not waive her attorney-client privilege with respect to all documents in her divorce attorneys file by calling the attorney to testify about communications between him and the husbands
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5.9%
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| | 19. Divorce Source: LEGAL MALPRACTICE - UNDIVIDED MARITAL PROPERTY
(�1997) The wifes consent judgment in an equity action seeking recovery of omitted marital property did not bar her legal malpractice action against the attorney and the law firm that represented her in the
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5.9%
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| | 20. Divorce Source: RELIEF FROM JUDGMENT - SEXUAL RELATIONSHIP WITH ATTORNEY
(�1997) A sexual relationship between an attorney and his divorce client during the course of the representation is not grounds for reopening the final decree
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5.9%
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