News & Analysis as of

Bankruptcy Family Law Civil Procedure

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Supreme Court - May 15, 2017

by Dorsey & Whitney LLP on

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

Appellate Court Notes

by Pullman & Comley, LLC on

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

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

by PretiFlaherty on

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

Appellate Court Notes

by Pullman & Comley, LLC on

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

by Best Best & Krieger LLP on

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

by Pullman & Comley, LLC on

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

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

by Pullman & Comley, LLC on

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...

by Pullman & Comley, LLC on

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

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

by Pullman & Comley, LLC on

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

Attorney fees properly discharged under bankruptcy law in family law matter

by Hinshaw & Culbertson LLP on

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

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

Court Transcript on Summary Judgment Hearing

by Christine Kingston on

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

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