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ABI Journal

Family/Divorce Issues

Chicago Judge Devises a Better Method to Allocate Income Tax Refunds Between Spouses

Whoever was overwithheld is entitled to the IRS refund when one spouse doesn’t file, Judge Michael Slade says.

The ‘Probate Exception’ to Federal Subject Matter Jurisdiction Is Narrow

The ‘probate exception’ to federal subject matter jurisdiction does not prevent bankruptcy courts from basing decisions on state trusts and estates law, except in limited circumstances.

Thursday, March 28, 2024
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The U.S. Supreme Court Illuminates the Basis of Vicarious Liability

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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.

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.