December 28, 2023

When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate

Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.

7th Circuit, Wisconsin, Wisconsin Eastern District

December 12, 2023

Dismissing a Divorce Action Didn’t Result in an Unauthorized, Post-Petition Transfer

An inchoate interest in property created by filing a divorce action doesn’t survive dismissal of the divorce action, the Tenth Circuit BAP says.

10th Circuit

November 06, 2023

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.

10th Circuit, New Mexico

October 06, 2023

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.

6th Circuit, Ohio, Ohio Northern District

September 14, 2023

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.

1st Circuit, Massachusetts

August 24, 2023

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.

10th Circuit, New Mexico

November 29, 2022

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.

9th Circuit

November 21, 2022

Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration

In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.

4th Circuit, South Carolina

March 09, 2022

Bankruptcy Is a Big Risk for Unmarried Couples Who Split Up

Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.

7th Circuit

December 03, 2021

Ninth Circuit Affirms the BAP on the Outer Limits of the Discharge Injunction

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.

9th Circuit