Two Worlds Collide: Domestic Relations and Bankruptcy
Many individuals in bankruptcy are also involved in domestic-relations litigation. This panel will discuss the necessity for proper advice to potential clients about bankruptcy ramifications when filing for divorce and negotiating property settlements, and vice-versa. What obligations under a judgment of divorce or property settlement are nondischargeable? What claims under a judgment of divorce or property settlement can be exempted? What steps can be taken to enforce a judgment of divorce or property settlement after a bankruptcy petition is filed without violating the automatic stay? What are the exceptions to the automatic stay to allow domestic-support litigation to go forward? Which court has the jurisdiction to decide the applicability of the automatic stay?