Bankruptcy Family Law

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Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Divorce, property settlements, and bankruptcy (#3)

Planning to get a divorce? Consider what might happen if your ex-spouse files bankruptcy. If you don't, you might be in for a big (and bad) surprise. What's the problem? Aren't amounts owed under a marital settlement...more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

Wealth Management Update - July 2016

July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The July § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and...more

Divorce, property settlements, and bankruptcy (#2)

If a spouse of a married couple files bankruptcy, a later property settlement might have unintended results. Let's see why....more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

When One Spouse Files for Bankruptcy, But Not the Other

When a Chapter 7, 11, or 13 case is filed, a new entity is created called the bankruptcy estate. A bankruptcy estate is comprised of all of the debtor’s non-exempt legal or equitable interests in property as of the time of...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36390 - Folsom v. Zoning Board of Appeals - Trial court properly granted a motion to strike a direct lawsuit by a disgruntled neighbor against the Town Zoning Enforcement...more

I'm owed $150,000 of back child support. Can I file bankruptcy?

I'm owed $150,000 of child support that I can't collect, and I need to file bankruptcy. Can I file bankruptcy in spite of that large amount owed to me?...more

Bankruptcy Beat: Bankruptcy Court Finds Debt To Third Party To Be A Non-Dischargable Debt Incurred In Connection With a Divorce

Bankruptcy Judge Albert Dabrowski was faced with a unique set of circumstances arising as a result of the intersection of a state court divorce action and a Chapter 7 bankruptcy case. In the matter of Corrine Sawyer v. Scott...more

Bankruptcy Beat: A Post-Divorce Judgment Stipulation That Modifies Obligations to a Former Spouse Does Not Likewise Modify The...

On March 3, 2015, the Honorable Albert S. Dabrowski issued a decision in Swiatowiec v. Swiatowiec (In re Swiatowiec), Adv. Pro. No. 11-2074, concerning the issue of whether obligations to a former spouse incurred in the...more

If I won my case, why do I need to worry about an appeal? [Video]

Phoenix business law firm Jaburg Wilk appellate attorney Kathi Sandweiss discusses why people need to be aware of an appeal, even if they won their case. For more information visit ...more

What are the steps of an appeal? [Video]

Phoenix business law firm Jaburg Wilk Appellate attorney Kathi Sandweiss explains the steps of an appeal. She also explains what it means to appeal your case. For more information visit ...more

Divorce, property settlements, and bankruptcy. Oh my!

There's nothing simple about divorce and bankruptcy. We'll peel off one leaf of that very large subject and see what can happen if someone files bankruptcy after a divorce with a property settlement....more

MN Supreme Court: Creditors May Void Fraudulent Transfers of Assets in Uncontested Divorces

On July 9, 2014, in Citizens State Bank Norwood Young America v. Gordon Brown, et al., the Minnesota Supreme Court held that Minnesota's Uniform Fraudulent Transfer Act ("MUFTA") may be applied to transfers of assets made as...more

Same-Sex Marriage Recognized as Valid in Non-Recognition State for Purposes of Interpreting the Bankruptcy Code

As a result of two Federal trial court decisions issued May 19, 2014 and May 20, 2014, Oregon and Pennsylvania became the 18th and 19th states where gay and lesbian couples can legally marry. In these decisions, U.S....more

Bankruptcy Beat: Former Spouses’ Relative Income a Critical Factor in Determining Whether the Assumption of Mortgage Payments...

Disputes between general creditors and creditors asserting domestic support obligation claims are becoming commonplace in consumer bankruptcy cases. The dispute typically arises because spouses’ or former spouses’ claims are...more

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

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

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

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