News & Analysis as of August 3, 2025

Divorce › Bankruptcy Code

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Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.

Broke and Broken Hearted – The Intersection of Bankruptcy and Divorce

Bowditch & Dewey on 3/14/2025

Bankruptcy is the process where someone who is unable to pay their debts files a petition to discharge (eliminate) those debts or restructure the debt with a payment plan. But what happens if a bankruptcy petition is filed by...more

How Irrevocable Trusts Can Protect Assets from Bankruptcy & Divorce in Florida

Fleurinord Law PLLC on 7/17/2024

In the complex world of estate planning, irrevocable trusts offer a robust mechanism for protecting assets from various threats, including bankruptcy and divorce. This article delves into the specific protections offered by...more

Can Trustees Avoid Transfers Made Pursuant to Divorce Decrees or Other Agreements Incident to Divorce?

Freeman Law on 8/31/2022

This issue arose in a case I am currently working on, and the short answer is yes, and divorce lawyers would be served well by becoming familiar with this possibility. Situations where this might arise can vary...more

Dischargeability of Divorce-Related Debts

Freeman Law on 6/7/2022

Subsection (15) of Section 523(a) was added to the Bankruptcy Code in the Bankruptcy Reform Act of 1994 to expand the Section 523(a)(5) exception to discharge for marital debts. Section 523(a)(15) provides that an individual...more

Bankruptcy and Non-Dischargeability Causes of Action

Freeman Law on 12/9/2021

This adversary proceeding in Rennaker v. Davis, Case No. 20-04065 (Bankr. N.D. Tex., Nov. 9, 2021), involves a litany of non-dischargeability allegations – both under 11 U.S.C. §523 and §727. Judge Mark Mullin’s opinion...more

The Supreme Court - May 15, 2017

Dorsey & Whitney LLP on 5/16/2017

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

Bankruptcy Beat: Bankruptcy Court Finds Debt To Third Party To Be A Non-Dischargable Debt Incurred In Connection With a Divorce

Pullman & Comley, LLC on 6/29/2015

Bankruptcy Judge Albert Dabrowski was faced with a unique set of circumstances arising as a result of the intersection of a state court divorce action and a Chapter 7 bankruptcy case. In the matter of Corrine Sawyer v. Scott...more

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