Family/Divorce Issues

Properly Written, a Divorce Decree Doesn’t Create a Debtor/Creditor Relationship

A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.

Debtors May Avoid Judicial Liens Under Section 522(f) Securing Nondischargeable Debts

Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.

College Tuition Made a Debtor Ineligible for Chapter 7

Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.

State Court Is the ‘More Appropriate Forum’ to Divide Marital Property

The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.

Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse

An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.