Bankruptcy Family Law

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Attorney fees properly discharged under bankruptcy law in family law matter

In Bendetti v. Gunness, 2014 DJDAR 623 (2014), the US Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit Court of Appeals affirmed the bankruptcy court’s decision. The bankruptcy court ruled that an attorney fee award...more

Post-Divorce Judgment Legal Fees Generated By Custody Dispute Constitute a Non-Dischargeable Debt Pursuant to 11 U.S.C....

Section 523(a)(15) of the Bankruptcy Code provides that a discharge “does not discharge an individual debtor from any debt…to a spouse [or] former spouse, … in the course of a divorce…or…divorce decree or other order of a...more

If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?  [Video]

Phoenix business law firm Jaburg Wilk's Appellate practice chair Kathi Sandweiss discusses whether you are able to appeal if you did not think your lawyer did a good job and want to present different evidence. For more...more

Can I collect my judgment if the other side is appealing? [Video]

Phoenix business law firm Jaburg Wilk Appellate lawyer Kathi Sandweiss talks about what will happen if the opposing party decides to appeal. She also talks about whether or not you are required to appear in court if the other...more

What is an appeal and how do I know if I should appeal?  [Video]

Phoenix business law firm Jaburg Wilk's Appellate attorney Kathi Sandweiss discusses what an appeal is and how you know you should appeal. She also talks about the process involved in appealing your case. ...more

What Happens if You Divorce During Bankruptcy Proceedings?

The state of Georgia has the eighth-highest divorce rate in the United States. Our state also outpaces the rest of the nation in unemployment (8.6 percent, compared to 7.6 percent as of June 2013). We don’t think these...more

What Comes First? Bankruptcy? Divorce?

The U.S. Census recently reported that Georgia outpaces the nation in the rate of unemployment: 8.7 compared with 7.3. It appears that Georgia also has the eighth-highest divorce rate in the nation. While many variables such...more

Asset Searches and the Collection of Debt

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

FHA Fresh Start Program Now Available 1 Year After Bankruptcy

New FHA Fresh Start Program provides mortgage financing in as little as 12-Months after a bankruptcy, short sale or foreclosure. Restrictions apply. Please contact a qualified mortgage broker for details. Stop struggling...more

I’m Married: Should I File a Joint Bankruptcy with My Spouse?

If you’re married and thinking about filing for bankruptcy, you need to consider whether you and your spouse should file separately or together as a couple. You need to assess your financial situation and then weigh the...more

Steven Getman: Legal Links of interest for the week ending July 27

Steven Getman: Legal Links of interest for the week ending July 27 SUNDAY, JULY 28, 2013 Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week: Cuomo signs bill to bolster...more

Arizona Bankruptcy or Divorce – Which Comes First?

The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter....more

Why and When to Conduct an Asset Search

Asset Search services are one of those areas that most people know little about until they need them. For years personal injury attorneys have conducted asset searches to satisfy their due diligence in determining the nature...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Public Bankruptcy Filings may Help Your Cause in a Divorce Battle

Litigants in divorce cases are required to file extensive financial documentation. If that litigant has filed or later files bankruptcy, a second set of financial documents must be filed with the bankruptcy court. Often...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

New Chapter 7 Means Testing Figures Effective November 1, 2012

New means test figures make it more difficult to qualify for Chapter 7 bankruptcy....more

Schaffer v. ECMC

Findings of Fact and Conclusions of Law

We recently obtained a judgment discharging more than $57,000.00 in student loans on behalf of our clients through a Chapter 7 Bankruptcy Adversary Proceeding. The conclusions of law are timely for future cases. A medical...more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

Divorced - And Then Bankrupt

Imagine this scenario: You represent a spouse in a divorce proceeding in which the couple has co-owned credit card debt. Your client never made a single purchase in connection with that credit card. After the divorce is...more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

Borrowing to Pay Alimony or Child Support in Bankruptcy

One of the non-dischargeable debts according to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) 2005 is any form of alimony and child support. These expenses take priority over other debts including...more

Best Time to File Bankruptcy: Before or After Divorce?

Bankruptcy and divorce often coincide. The common question arises: When is the best time to file bankruptcy, before or after the divorce? Filing bankruptcy before divorce is almost always the recommended path. ...more

Filing for Bankruptcy as a Married Couple

If you are a married couple thinking of filing a bankruptcy petition, there are some considerations you should bear in mind before doing so. You may opt either to file a petition jointly as a couple or separately as...more

Bankruptcy and Divorce - The Short Version

Bankruptcy and divorce are often contemplated at about the same time. Here's the short version of answers to common questions involving bankruptcy and divorce. • Will bankruptcy get rid of my spousal support debts? • Will...more

204 Results
|
View per page
Page: of 9

Follow Bankruptcy Updates on: