Who pays attorney fees in a divorce proceeding?
Should I Get a Job While Going Through My Divorce? Can I Quit My Job?
If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can my ex-spouse see our children if he/she does not pay the court ordered child support?
End Game in the Fight Over Same Sex Marriage?
What is Mediation?
Can I collect my judgment if the other side is appealing?
What do we do with the children once the divorce action is filed?
Can I complete my divorce without a trial?
Can I appeal a dissolution?
What is a Resolution Management Conference?
What is an appeal and how do I know if I should appeal?
What is a petition for dissolution of marriage and what does it mean to serve the petition?
How long will it take for my divorce to be final and how much will it cost?
What is spousal maintenance and how is it determined in Arizona?
Protecting Separate Property in Arizona: Basic Principles
How Can I Make the Most Out of the First Meeting?
Can I appeal my divorce case?
Civilized Divorce through Mediation
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes
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
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
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
The saying "Timing is everything" certainly holds true when filing for bankruptcy. Sometimes, bankruptcy and divorce proceedings collide. Each legal proceeding can complicate the other and cause delays....more
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
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
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
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
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
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
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
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
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
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
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'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
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.
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 means test figures make it more difficult to qualify for Chapter 7 bankruptcy....more
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
A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more
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
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
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
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
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