Family/Divorce Issues

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

Intersection of Bankruptcy Court and State Court

Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13

Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says

Opinion traces the thousand-year history of wedding and engagement rings.

Owning a Home Through an LLC Can Preclude a Homestead Exemption

State laws vary on allowing homestead status for a house owned through an LLC.

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.