By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...
From the Editor – Claims
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By The Honorable William Houston Brown (Retired)
Non-debtor spouse has claim for equitable distribution of marital property when parties were in prepetition divorce proceeding. On a direct appeal, the Third Circuit decided the issue of whether a non-debtor spouse has an allowable claim for equitable distribution of marital property in a divorce proceeding that was pending at the time the other spouse filed Chapter 7. Stating that the issue had divided courts in the Circuit, the court looked to the definition of a “claim” under § 101(5)(A), with the spouse’s interest, “at . . .
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