January 22, 2024
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
December 28, 2023
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.
December 12, 2023
An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.
November 6, 2023
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
October 6, 2023
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
August 24, 2023
The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.
November 29, 2022
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
November 21, 2022
In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.
March 9, 2022
Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.