Blog Archives

Support obligations are not subject to discharge in bankruptcy proceedings

Posted in *All Posts, Alimony, Bankruptcy, Child-support

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

Posted in *All Posts, Bankruptcy, Divorce

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

Posted in *All Posts, Alimony, Bankruptcy, Counsel Fees, Divorce

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

Posted in *All Posts, Alimony, Bankruptcy, Child-support, Divorce

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

Posted in *All Posts, Bankruptcy, Divorce

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

Posted in *All Posts, Bankruptcy, Divorce, Equitable-distribution

Alimony and support obligations may not be discharged in bankruptcy

Posted in *All Posts, Alimony, Bankruptcy

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

Posted in *All Posts, Bankruptcy, Palimony Issues

Penalty for late payment of alimony may be dischargeable in bankruptcy

Posted in *All Posts, Alimony, Bankruptcy

Counsel fees are viewed as support and not dischargeable in bankruptcy

Posted in *All Posts, Bankruptcy, Counsel Fees Tagged with: , ,

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