News & Analysis as of September 21, 2024

Divorce › Consumer Bankruptcy

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Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.

Adding Bankruptcy to a Divorce May Not Grant You the Relief You Are Seeking

Obermayer Rebmann Maxwell & Hippel LLP on 5/5/2020

Times are tough and you may be motivated to make a change, however, it is important to note that you cannot transform your whole life at once. While there is nothing that legally precludes a spouse from filing for bankruptcy...more

The Supreme Court - May 15, 2017

Dorsey & Whitney LLP on 5/16/2017

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

Pullman & Comley, LLC on 4/18/2016

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

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

Pullman & Comley, LLC on 6/29/2015

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

Pullman & Comley, LLC on 6/19/2014

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

Hinshaw & Culbertson LLP on 4/17/2014

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....

Pullman & Comley, LLC on 3/26/2014

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

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