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One spouse of often ordered to pay the attorney fees of the other spouse in a divorce. In some cases, this obligation to pay the involved attorneys fees is dischargeable in bankruptcy. This is one of the many issues presented in the application of bankruptcy law to obligations of alimony, child support, and marital settlement agreements. The bankruptcy code's provisions as to the dischargeability of support obligations were significantly changed in the 2005 amendments to the bankruptcy code. It should be noted that there are some differences in the provisions in chapter 7 and chapter 13 bankruptcy.
Atty. Jordan E. Bublick - 1221 Brickell Ave., 9th Fl., Miami, Florida
In some cases, divorce related attorney fees owed are dischargeable in bankruptcy, but in other cases they are not. It generally is based on whether the involved attorney fee fits within the bankruptcy code's definitition of a "domestic support obligation" (DSO). A decision issued in the Bankruptcy Court in Miami in 2009 in the case of In re Maria D. Lopez, Case No. 08-18101-BKC-LMI (Bankr. S.D.Fla. April 17, 2009)(Isicoff, J.) provides an an example of the application of the rules. In this case, the Bankruptcy Court held that the involved attorney fees were not entitled to priority status as a "domestic support obligation".
In this case, it was the ex-wife who sought to discharge her obligation to pay her ex-husband's attorney fees that he incurred in their dissolution of marriage case. In the dissolution of marriage case, the family cout awarded the debtor's ex-husband his attorney fees. When the ex-wife filed for bankruptcy under chapter 13, the ex-husband sought to have these attorneys fees paid in full on a priority status as a "domestic support obligation." priority status would require full payment and the lack thereof would subject to claim to status as a general unsecured creditor and typically only a small dividend.
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Definition of a Domestic Support Obligation
The Court explained that the Bankruptcy Code provides that a DSO owed to a former spouse is entitled to priority status. The Court noted thought that while an award of attorney fees in some instances may be considered a DSO, not every award of attorney fees in a dissolution of marriage case are entitled to DSO status.
The Court reviewed that for a claim to be considered as a DSO, it must meet all the requirements of section 101(14A) of the Bankruptcy Code. Generally, the claim must be
- owed to a spouse, former spouse, or child of the debtor, or such child's parent or guardian
- be in the nature of alimony, maintenance or support
- established or subject to establishment by reason of a separation agreement, divorce decree, or property settlement agreement or by court order
- not assigned to a nongovernmental entity unless voluntarily assigned for purposes of collection
"In the Nature of Alimony, Maintenance, or Support"
At issue in this case was whether the attorney fees were "in the nature of alimony, maintenance, or support."
The Court rejected the claimant's argument that the attorney fees met the requirement of being "in the nature of alimony, maintenance or support" finding that they instead related to something else - custody, parentage, or visitation.
The Court noted that the determination of what constitutes "support" is a matter of federal law. The Court further noted that in determining whether an award of state court attorneys' fees constitutes "support", the Bankruptcy Court may "only undertake a simple inquiry as to whether the debt can be characterized as 'support'" and that it may look to state law for guidance on whether the obligation should be considered in the nature of "support". Also the Court noted that the state court judgment awarded claimant attorney fees based on the debtor's litigation misconduct and not based on their respective wages or ability to pay.Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055
A successful chapter 13 requires you to make timely, monthly payments to a chapter 13 trustee over the life of your plan. The plan could last anywhere from 36 to 60 months typically. Your plan may run less than that provided you pay off the debt in full. If you fall behind on your trustee+ Read MoreThe post If I Fall Behind On My Chapter 13 Trustee Payments, Will My Case Be Dismissed? appeared first on David M. Siegel.
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Bankruptcy – Weighed down by debt? Don’t make enough money to pay your bills? Burdened by collection calls? Learn how you can get a FRESH START by filing for bankruptcy!
Date: Wednesday, May 28th from 6:00 p.m. – 9:30 p.m.
Location: SLC Conference Center, 15 West 39th Street, NYC
Symposium Agenda: 6:00pm-9:30 pm
Financial Planning: 6:00pm-6:45pm
Credit Repair: 7:00pm-7:45pm
Bankruptcy: 8:00pm-8:45pm
Open Questions and Break Outs: 8:45-9:30
For more information or to register, go to: http://www.financialhealthevent.eventbrite.com
If you think you may qualify for bankruptcy and would like to discuss your options with a lawyer specializing in bankruptcy, please contact Adrienne Woods.
Adrienne Woods
The Law Offices of Adrienne Woods, P.C.
[email protected]
917.447.4321
Have your financial questions answered by financial coaching, credit repair and bankruptcy professionals – all under one roof!
Financial Coaching – Make good money but you have no idea where it goes? Feel like you’re “bad with money?” Learn how to quickly get a hold of your finances so you can get out of debt and save more money!
Credit Repair – Feel like your low credit score is costing you hundreds if not thousands of dollars in higher financing costs? Learn how to get your credit back on track in as quickly as 30 days plus a 100% Money-Back Guarantee with our powerful credit repair solutions.
Bankruptcy – Weighed down by debt? Don’t make enough money to pay your bills? Burdened by collection calls? Learn how you can get a FRESH START by filing for bankruptcy!
Date: Wednesday, May 28th from 6:00 p.m. – 9:30 p.m.
Location: SLC Conference Center, 15 West 39th Street, NYC
Symposium Agenda: 6:00pm-9:30 pm
Financial Planning: 6:00pm-6:45pm
Credit Repair: 7:00pm-7:45pm
Bankruptcy: 8:00pm-8:45pm
Open Questions and Break Outs: 8:45-9:30
For more information or to register, go to: http://www.financialhealthevent.eventbrite.com
If you think you may qualify for bankruptcy and would like to discuss your options with a lawyer specializing in bankruptcy, please contact Adrienne Woods.
Adrienne Woods
The Law Offices of Adrienne Woods, P.C.
[email protected]
917.447.4321
In the last ten years, new technologies have revolutionized the debt collection industry, broadening the cope of operations from local and regional to national, and sometimes even to international. Technological innovation has facilitated the creation of very large, full-service debt collection operations, while simultaneously enabling smaller, niche-focused collection to become profitable.
Automated dialing and interactive voice recording also have made debt collectors’ calling campaigns substantially more efficient. The biggest change is now pervasive use of predictive dialers, which are now used by the vast majority of collections agencies.
Predictive dialers are automated computer systems that determine the number of calls to make based on the time of day, the number of collectors logged on to the system, and the average length of time collectors speak with consumers. At core, these dialers allow debt collectors to be vastly more efficient, because they eliminate the time spent dialing and waiting for a consumer to answer.
Call recording technologies also have emerged, making it possible for collectors to preserve every collection call. Debt collection supervisors may review the calls of their collectors.
In essence, the collections industry has become incredibly efficient. The automated dial calls that you are receiving are not random at all, but are built on fairly advanced statistical models. The problem is that you can no longer count on a collection being more trouble than it’s worth because with automated systems, collection efforts are no trouble at all.
If you are receiving automated calls or you are wondering where you are situated on the debt collection continuum, contact our offices and set up a consultation. If your schedule does not currently allow you to come to our Salem or Portland office, give me a call and we can talk it through.
The original post is titled Technology and the Debt Collection Industry , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .
If you’re struggling from debts that arose from gambling, chapter 7 very well may be your answer. There has been an increase over the last 25 years in the state of Illinois with gambling institutions. These so-called boats have led many addicted people to lose their life savings, their families, their jobs, and their dignity+ Read MoreThe post Gambling Debts And Bankruptcy appeared first on David M. Siegel.
Bankruptcy's Financial Management Course with Dave Ramsey
I have listened to the Dave Ramsey Show for many years. Dave is all about helping people get of debt. Plain and simple. He wants people to be more excited about having paid off their house mortgage than having a financed BMW car in the driveway. If you have read any of Dave Ramsey’s books or listen to his radio show you know that he is not only informative but entertaining.
Four years ago, while at the National Consumer Bankruptcy Association's annual meeting, I learned that Dave offered one of the two required classes all bankruptcy filers must take. Having already been a fan, I signed up my office to be a registered attorney. I have encouraged all my clients to take this great Debtor Education class. This class is the class my bankruptcy clients take after filing bankruptcy. What a great way to start over with an effective financial plan!
I have dozens and dozens of my clients Dave's class. I have received a lot of positive feedback for this course.
In addition to the online class, Dave Ramsey's staff provides my office with copies of his "Starting Over-Post Bankruptcy Survival Guide" to give to each of my clients.
I also direct my clients to Dave's website. From there, you can find his Financial Peace University Class, online budget tools, his books and be able to stream his radio show.
Attorney Ken Jorgensen is located in Clovis, California. He handles personal, property and business disputes, including bankruptcy and eviction cases in California. You can find out more about Ken on Facebook, or at his websites, www.fresnolawgroup.com and www.fresnobankruptcylawgroup.com. He can be reached at [email protected] or by telephone at 1-559-324-1882.
Student loans are generally an unsecured debt that is non-dischargeable in a bankruptcy case. This means that under chapter 7 fresh start bankruptcy, a student loan must be listed however it is not eliminated. There are some circumstances where a student loan may be discharged however that involves an extreme hardship case and I’ve never+ Read MoreThe post Is There Any Bankruptcy Help For Student Loans? appeared first on David M. Siegel.
I’ve been a Seattle bankruptcy lawyer for almost six years now, and it’s time for a change. It won’t be a little change, it’s going to be a big change. How big? Well my wife and I are moving to Louisville, KY. It’s where she’s from. When we get to Louisville, I won’t practice law. The law practice will be 95% closed by June 1 and 100% closed by July 20.
Why am I going to stop practicing law, considering that I did three years of law school, clerked for a federal judge, and ran my own practice? The short answer is that all lawyer jokes are true.
So what am I going to do instead? Web developer, but only because professional basketball player is out of reach. I’m barely six feet. My ball handling skills are weak at best, and I’ve got a torn meniscus. Also, the best thing I’ve gotten from running my own law practice is an undiscovered love of all things web technology related.
Here’s the deal. When I started this practice, I was broke, broke, broke. I looked around for a web developer. I paid way too much money for a below average WordPress site. It didn’t do any of the things I wanted it to do. It barely ranked on Google. I was stuck.
Being a resourceful guy and really needing to keep my law practice afloat, I taught myself WordPress. I built a site that was better than the one I had paid for. Then I taught myself SEO. After a few months, Google started being good to me, and my practice took off.
I still maintained my site. In fact, my wife (the smart one in this marriage) pointed out that I talked about my website even more than I talked about how much I disliked practicing law.
Then I made one big mistake. About a year ago, my practice was insanely busy. My site was getting to be a pain to manage. This time I thought, “Gee, I’ve got the money to hire a really bang up web designer.” So I did. You do not get what you pay for. Instead you spend three months asking your web developer why the site doesn’t work. You actually tell your web developer a few things that he should have known. Then your web developer launches your new site for you, without mentioning that he’d completely changed the internal link structure. The web developer will not be spoken of again.
The site you see today was the site that I paid for. I made several changes. I spent an entire afternoon doing 301 redirects to mitigate the SEO damage from the completely new – and unasked for – internal link structure. That was it. I decided never again. This time I meant it.
I haven’t redone the site from the ground up, because it’s my law practice’s site and isn’t meant to be a portfolio. Also, I’m closing the practice, moving across the country, taking care of a 9 month old, teaching myself to code, and scrounging up the time to hang out with my wife.
After all that, I realized something. I love messing around with websites. I’ve been messing around with WordPress sites for years. So I decided to do something about it. By then, I knew enough HTML/CSS to get myself into and then out of trouble. I know a smidgen of PHP. So I decided to embark on a formal self study of coding. I made it through HTML and CSS in a couple of weeks, while working full time and taking care of my 9 month old daughter. Sleep is for the weak. Now I’m working on JavaScript. Once that’s done, it’s on to PHP.
Right now, at this very moment, I’m looking for opportunities to get my foot into the web development world. I’m looking for opportunities to learn new skills, polish the skills that I already have, build a portfolio of work, and find a new gig where I can bang on computers all day.
The post Big Changes For This Bankruptcy Lawyer appeared first on Bankruptcy Attorney Seattle and Kent.
Atty. Jordan E. Bublick, 1221 Brickell Avenue, 9th Fl., Miami, Florida .jpg "exemption property held tenancy entireties")
In a bankruptcy case filed in Florida, property held under the Florida law of tenants by the entireties - between a husband and wife - is usually considered as exempt from the bankruptcy estate to the extent of the claims of creditors against only one of the two spouses.
Pursuant to 11 U.S.C. section 522(b)(3)(B), an individual is allowed to exempt from the bankruptcy estate "...any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety...to the extent that such interest...is exempt from process under applicable nonbankruptcy law. 11 U.S.C. section 522(b)(3)(B).
Six Characteristics of Tenants by Entireties Property
In a recent case before a Florida bankruptcy court, the court reviewed that the six characteristics of property held tenants by the entireties in Florida. These six characteristics are:
- unity of possession
- unity of interest
- unity of title
- unity of time
- survivorship
- unity of marriage
In this case, the Florida bankruptcy court did not have a problem in finding exempt certain personal acquired as Florida residents under the Florida law of tenancy by the entireties.
New Jersey Property
But the question was presented to the Court as to the tenants by the entireties exemption of certain property obtained by a debtor while they were living in New Jersey and before the bankruptcy case was transferred from New Jersey to the Florida bankruptcy court. .jpg "Tenants by Entireties Exemption")
The court found that the status of property as tenants by the entireties created under New Jersey tenants by the entireties law, must be determined under New Jersey law which was the state in which the property was acquired. The court noted New Jersey statutes does provide for the holding of personal property as tenants by the entireties if certain requirements are met per New Jersey Statutes section 46.3-17.2. In this instance, the bankruptcy court found that debtor did not meet the statutory requirements as to the household goods as the debtor did not produce a written instrument as evidence. In any event, the court apparently noted that in New Jersey, property owned as tenants by the entirety is not exempt from the claims of an individual's sole (non-joint) creditors as is the case in Florida.
(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications
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