Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
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Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
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.
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.
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.
Bankruptcy Code
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.