NJ Family Issues

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Archive for the ‘Bankruptcy’ Category

When a debtor files a bankruptcy petition, an estate is created and the estate includes all legal or equitable interests of the debtor in property as of the commencement of the case

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October 26, 2012 at 2:45 pm

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An individual retirement account (IRA) is not insulated from a family court’s reach when the account holder has failed to comply with an order to pay counsel fees incurred by an adversary in defending a support order

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June 25, 2012 at 3:11 pm

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The Bankruptcy Code prohibits the discharge of a debtor’s alimony, maintenance or support obligations to his or her former spouse and children, while debts assumed as part of the equitable distribution scheme are dischargeable

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March 9, 2012 at 6:38 pm

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By virtue of having initiated a divorce action in which a bankruptcy debtor was seeking equitable distribution, her claim qualified as a contingent, equitable interest in (marital) property that could not ripen into a vested property interest — i.e., a tangible asset — until entry of a judgment of divorce

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December 21, 2010 at 3:25 pm

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The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate

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October 14, 2010 at 3:58 pm

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Alimony and support obligations may not be discharged in bankruptcy

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April 29, 2010 at 12:16 pm

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New Jersey has not adopted a statute authorizing the forced sale of one co-owner’s interest in real estate to another — the statutory remedy for co-owners of real property is partition or sale in lieu of partition

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November 9, 2009 at 4:59 pm

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Penalty for late payment of alimony may be dischargeable in bankruptcy

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November 6, 2009 at 10:57 am

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Counsel fees are viewed as support and not dischargeable in bankruptcy

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September 14, 2009 at 1:45 pm

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