Family Law and Bankruptcy Pt. 1

By Michaela M. White, Professor of Law, Creighton Law School

The Basics

Prior to the 2005 amendments, a key concept was “alimony, maintenance and support” owed to a “spouse, former spouse or child of the debtor” and “not assigned to another entity, whether voluntarily, involuntarily or by operation of law.” To constitute “alimony, maintenance or support,” the obligation had to be in the nature of support as opposed to a property settlement debt or obligation. Henry J. Sommer & Margaret Dee McGarity, Collier Family Law and the Bankruptcy Code, (Collier Family Law)¶ 6.03[1] (Matthew Bender).

The . . .

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...

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Henry E. Hildebrand, III

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Avoidance Powers in Chapter 13© – Part 6 of 6

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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Passing of the Honorable Randall L. Dunn

The Academy

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Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

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Critical Case Comment – How Many Cats?

Henry E. Hildebrand, III

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