The United States Bankruptcy Code clearly states that domestic support obligations such as alimony and child support are not dischargeable in bankruptcy. Section 523(a)(5) excepts from discharge a “domestic support obligation.” But what about attorney’s fees awarded to the spouse who is awarded this support? Often, when a state court awards child support or alimony [...]
Marriage and Debt
One of the leading causes of marital conflict involves money, or lack thereof. If you and your spouse filed a joint bankruptcy and you are now considering divorce, your respective financial positions may be at odds with each other. One person may want the house, one may not. Both may want the same vehicle. Who [...]
When I meet with a married couple that are considering a Chapter 7 bankruptcy, one major consideration that needs to be addressed is whether or not to file for both, or only one of the spouses. I practice in Louisiana. Louisiana is a community property state. This means that all the assets acquired after the [...]
There’s a good recent post here on the Bankruptcy Law Network about non-filing spouses — Springfield, and Marlborough, Massachusetts’ attorney Jed Berliner’s article on “non-filing” spouses. He wrote about the impact on the means test. There are more implications, at least when you are in a state like New Mexico, with community property and community [...]
The shocking realization is that your spouse might have to contribute to your Means Test – required payments even if you file alone. You aren’t happy about this at all. ”But they’re my debts. Why should my husband or wife have to contribute?” Because that’s the law. Your income includes all regular contributions to the [...]
An Oregon attorney, Derrick McGavic is being disciplined for FDCPA violations as announced by the Oregon Attorney General’s Office this week. Derrick McGavic, a Eugene, Oregon attorney whose law firm sued consumers for credit card companies and debt collectors, agreed to submit his resignation to the Oregon State Bar. In addition, McGavic & Finney, [...]
