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How To Bankruptcy-Proof A Divorce Settlement

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

bullet-proof divorce

Chapter 13 bankruptcy can discharge non support obligations associated with a divorce that are non-dischargeable in Chapter 7. That’s worth repeating: any marital settlement agreement or court judgment that calls for payment or indemnity by one spouse to the other in the future is potentially vulnerable to a subsequent bankruptcy filing by the obligor-spouse. While […]

Filed Under: Family Law in Bankruptcy Tagged With: 2022, divorce, marital settlement agreement, property division

The Complex World Of Interspousal Claims In Bankruptcy

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

discharge spousal claims

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of […]

Filed Under: Family Law in Bankruptcy Tagged With: 2022, divorce, ex-spouse

Your Duty of Loyalty And Married Clients

By Cathy Moran, Esq. Filed Under: Counseling clients, Family Law in Bankruptcy

conflicts with spouses

 Are your loyalties divided When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says:   Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck […]

Filed Under: Counseling clients, Family Law in Bankruptcy Tagged With: 2021, ethics, professional responsibility

When Worlds of Bankruptcy & Family Law Collide

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

bankruptcy family law

Bankruptcy, actual or threatened, can cause a genuine disruption in the force when divorce is on the table. That collision can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. Because the fallout from a bankruptcy case can be overwhelming, family lawyers need a working knowledge […]

Filed Under: Family Law in Bankruptcy Tagged With: 2018

Bankruptcy & Divorce: A Disruption In The Force

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

family law bankruptcy collide

When bankruptcy law and family law intersect, the result can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of  the parties. An infinite number of combinations lead to infinite different outcomes. The variables start with whether bankruptcy occurs before or after status is altered; before or after the […]

Filed Under: Family Law in Bankruptcy Tagged With: California, family law

Shadow Players May Have Support Claims In Bankruptcy

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

divorce fees

What we know so far about domestic support obligations in bankruptcy is that they are non dischargeable and the bankruptcy court has the last word as to what is and is not support. But we just scratched the surface in looking at support when we considered obligations from one spouse to another. Debts owed to […]

Filed Under: Family Law in Bankruptcy

Married: Assorted Bankruptcy Exemption Issues

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

Our series on family law and  bankruptcy continues with an exploration of a mixed bag of exemption and property-of-the-estate questions colored by the fact the debtor has been married. Non debtors claim exemptions Section 522(b) opens with a provision that the debtor may exempt from the property of the estate property described in the section […]

Filed Under: Family Law in Bankruptcy

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