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Family/Divorce Issues

Divorcing While Bankrupt Lays Traps for the Unwary

Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.

10th Circuit
Utah

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

Benchnotes January 2019

Jan 2019

Bankruptcy Code
108
11 U.S.C. § 363
11 U.S.C. § 365
507
Topic Tags
Asset Sales
Automatic Stay
Bankruptcy Litigation
Consumer Bankruptcy
Discharge/Dischargeability
Family/Divorce Issues
Business Reorganization

BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt

BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.

8th Circuit

There Are No Fractions of a Household in Tacoma, Washington

Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.

9th Circuit
Washington
Washington Western District

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

8th Circuit
Iowa

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

2nd Circuit
New York

Parties to a Civil Union Held Eligible to File a Joint Petition

Chicago judge takes stand for the equality of same-sex couples.

7th Circuit
Illinois
Illinois Northern District

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

4th Circuit

Tennessee Judge Rules Back Child Support Is Not Estate Property

Courts are split on whether child support arrears are estate property.

6th Circuit
Tennessee
Tennessee Eastern District
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