September 10, 2007

• Should Divorcing Spouses File a Joint Bankruptcy Case?

  I received an interesting question from a divorce lawyer:

  I just filed a divorce complaint for a client.  Her husband is talking to a bankruptcy attorney about filing for bankruptcy.  He probably will not fit into a Chapter 7.  Is there any reason that my client should file jointly with him or hold off the divorce?  Thanks. (…)

January 17, 2007

• Can An Ex-Spouse Use Chapter 7 to Avoid Paying a Credit Card Debt That Is Part of a Divorce Decree Obligation?

  A divorce lawyer called me today with a question about the impact of bankruptcy on a debtor's obligations under a divorce decree.  The divorce lawyer represented a man who was the co-signer of a credit card along with his ex-wife.  The divorce decree provided that the ex-wife would be responsible for payment of this credit card debt. (…)

August 18, 2006

• Seven Minutes to Summarize Bankruptcy Law!

  Several months ago, I was invited by my colleague Marvin Solomiany to speak at a Family Law seminar presented by the Atlanta Bar Association.  Marvin explained that my role would be to discuss bankruptcy at the "hot tips" part of the seminar.  It turns out that the "hot tips" presentation is where five lawyers take seven minutes each to brief the family lawyers (i.e. (…)

July 14, 2006

• Financial Obligations to Ex-Spouse Set Out in Divorce Decree May Survive Bankruptcy

  The Georgia Supreme Court recently considered the issue of whether a debtor/ husband could be held in Contempt of Court in Superior Court for refusing to pay a joint marital debt.  In the case of McGahee v. (…)

June 3, 2006

• Alimony and marital property are assets that should be disclosed in your bankruptcy petition

  The Georgia Supreme Court recently issued a decision in a divorce case called Benton v. Benton that has bankruptcy implications.  In this case, Mrs. (…)

May 25, 2006

• Ex-wife is Attempting to Discharge Joint Credit Card Debt - Can I Stop Her?

  I declared bankrupcy 3 years ago, and I am just now starting to get my finances in order. (…)