A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.