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
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.
Outline
- Bankruptcy definitions
- Bankruptcy definitions relevant to divorce counsel
- Automatic stay: What is it and when does it apply
- Chapter 7 and 13 issues
- Tax issues
- 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.
Britt & Burroughs,
Marietta, Ga.
Mr. Britt has been in private practice for over 35 years. He has tremendous expertise in bankruptcy and insolvency matters, including Chapter 7 liquidation, Chapter 13 payment plans, and Chapter 11 reorganization. He also advises clients on matters related to taxation, assistance for veterans benefit claims, and all forms of complex state and federal litigation in Georgia such as fire loss insurance claims, trust litigation, and non-compete covenants.
Ian M. Falcone, Atty
The Falcone Law Firm,
Marietta, Ga.
Mr. Falcone practices family law and bankruptcy law. His practice focuses on complex intertwined corporate and personal debt matters including tax debt and divorce related debt. He is a frequent speaker on issues related to family law and bankruptcy law. He is admitted to practice law in the courts of Georgia, New York, Connecticut and the Federal Courts.
Shayna M. Steinfeld, Atty
Steinfeld & Steinfeld,
Atlanta
Ms. Steinfeld practices exclusively in the areas of bankruptcy and corporate reorganization and litigates in Bankruptcy, Federal District and Appellate Courts, representing all types of parties in all cases. She has taught bankruptcy classes at John Marshall Law School. She co-chaired the Bankruptcy Committee of the Family Law Section of the American Bar Association for approximately five years.
Stephen Burroughs, Member
Britt and Burroughs,
Marietta, Ga.
Mr. Burroughs' represents clients in an array of federal, state and local tax matters, including tax remediation, strategic tax planning and controversy. He regularly counsels clients on federal and state income tax, sales and use tax, and property tax issues.
Recordings
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $197.00
Recorded Event
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Recorded Webinar Download $197.00
Recorded Audio Download (MP3) $197.00
Webinar
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Program Materials
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Program Materials
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CLE Credits
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
Customer Reviews
The speakers did an excellent job of using practical tips and examples.
Maggie Simoneaux
Stegmeier, Gelbart, Schwartz & Benavente
The program gave a good background on each type of law (divorce and bankruptcy) without being too elementary.
Carrie Stevens
Carrie Stevens, Attorney at Law
The CLE covered exactly what was advertised and it was geared to a person with my practice background and level of expertise.
Aliza Organick
Washburn University School of Law
I like that the seminar dealt very directly with the significant divorce issues caused by bankruptcy.
Greg Dow
Dow Law Firm
The CLE was very practical and to the point for a family law practitioner. There was no time wasted.
Bruce Clement
Clement Law Center
I like the convenience of a webinar since I don't have to travel anywhere.
Robin A. Clark
Clark & Glass
I liked the practical examples raised both by the speakers and those with questions; it allowed for an enhanced understanding of issues I have not yet seen in a bankruptcy/family law context.
Noah Bishop
Gresham Family and Bankruptcy Law
The seminar explored the subject matter from many angles and was extremely helpful in my family law practice.
Cindy Allen
Cindy Allen & Associates
Family Law Advisory Board
Attorney
The Gitlin Law Firm
Partner
Weber Gallagher Simpson Stapleton Fires & Newby
Founding Partner
Kessler & Solomiany
Paula G. Kirby PLC
Partner
Walzer & Melcher
Partner
Fox Rothschild
Of Counsel
Starr, Gern, Davison & Rubin
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