Divorce: When a Spouse or Former Spouse Files Bankruptcy

Understanding the Impact of Bankruptcy on Domestic Support Obligations, Property Settlements, and Taxes

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, April 25, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide family law practitioners with guidance on handling the challenges of settlement agreement language relating to the discharge of certain obligations in the bankruptcy involving a spouse or former spouse of a client.

Description

Although domestic support obligations and property settlements are not dischargeable in a Chapter 7, property settlement debts may be dischargeable in Chapter 13. In addition, tax issues arise when a spouse or former spouse files for bankruptcy.

Carefully structured agreements often influence how a bankruptcy court interprets a property settlement. Indemnity agreements may be crucial in this analysis.

Property settlement agreement language should clarify to a bankruptcy court the parties’ intentions, providing the court with a basis for interpreting the settlement for debt dischargeability purposes. The agreement should anticipate tax issues and related implications.

Listen as our panel of family law, bankruptcy law and tax attorneys outlines best practices for anticipating issues that may arise in bankruptcy and related tax implications which may impact a divorce and settlement agreement.

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Outline

  1. Bankruptcy definitions
    1. Bankruptcy definitions relevant to divorce counsel
    2. Automatic stay: What is it and when does it apply
  2. Chapter 7 and 13 issues
  3. Tax issues
  4. Best practice strategies

Benefits

The panel will review these and other key issues:

  • Domestic support obligations
  • Automatic stay and when it applies
  • Tax considerations when a spouse or former spouse files bankruptcy
  • Provisions to include in the property settlement agreement relating to bankruptcy
  • Factors that bankruptcy courts consider in determining dischargeability

Faculty

Daniel L. Britt, Jr.
Daniel L. Britt, Jr.
Britt & Burroughs

Mr. Britt has been in private practice for over 35 years. He has tremendous expertise in bankruptcy and insolvency...  |  Read More

Ian M. Falcone
Ian M. Falcone

Atty
The Falcone Law Firm

Mr. Falcone practices family law and bankruptcy law. His practice focuses on complex intertwined corporate and...  |  Read More

Shayna M. Steinfeld
Shayna M. Steinfeld

Atty
Steinfeld & Steinfeld

Ms. Steinfeld practices exclusively in the areas of bankruptcy and corporate reorganization and litigates in...  |  Read More

Stephen Burroughs
Stephen Burroughs
Member
Britt and Burroughs

Mr. Burroughs' represents clients in an array of federal, state and local tax matters, including tax remediation,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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