In the Chapter 13 bankruptcy case of Grafton, Thomas W. and Patricia M.; In re, the bankruptcy court sustained an objection to confirmation of the debtors' plan saying the plan was not proposed in good faith and that it was unconscionable. The details of the bankruptcy case: When the debtor-husband divorced his previous wife, he [...]
In the bankruptcy case of Radinick, Kimberly A.; In re (Bohm, Trustee, v. Radinick), the bankruptcy court ruled that any interest in a debtor's estranged spouse's property which was awarded to the debtor in a divorce action would be property of the bankruptcy estate. The details of the bankruptcy case: The debtor filed for divorce [...]
When a divorced debtor files bankruptcy they are often facing a special set of circumstances that may impact how their bankruptcy proceeds. One of those special circumstances is the obligation to pay domestic support to a former spouse or child. For the purposes of bankruptcy, domestic support obligation is defined as money that must be [...]
The state of Texas is a "community property" state which means that property in which both spouses own shares and property acquired during the marriage is considered "community property." Community property only exists within marriage. What does this mean for a spouse considering bankruptcy? Married couples where one or both spouses are considering bankruptcy must [...]
In the Chapter 7 bankruptcy case of Taylor, Anthony; In re, the bankruptcy court dismissed the debtor's case because it was ruled abusive of the bankruptcy system. The details of the bankruptcy case: "The Chapter 7 debtor admitted that his case was presumptively abusive, but argued that he needed to file due to the impending [...]
In the bankruptcy case of Blackburn, Terry; In re (Blackburn v. Blackburn), the bankruptcy judge ruled that obligations incurred through a divorce decree was not dischargeable in bankruptcy. The judge also ruled that he did not have discretion in the matter. The details of the bankruptcy case: The Chapter 7 bankruptcy debtor was a 50 [...]
Community property rules have positives and negatives, but if you live in Texas you have to abide by them. When the subject of marriage and bankruptcy comes up, the next thing often mentioned is community property. Depending upon where you live, this may or may not mean anything to you, but Texas is one of [...]
If you and your spouse are thinking about getting divorced, it may be the right time to also consider filing for bankruptcy if you have a hefty amount of debt between the two of you. Filing for bankruptcy before divorce can help simply the divorce proceedings by clearing out some of your debt. This can [...]
In the bankruptcy case of White, Terry P.; In re, the bankruptcy court overruled a debtor's objection to his ex-wife's claim. The details of the bankruptcy case: "When the debtor and his wife divorced, he received the family home and was ordered to pay his wife $30,000 out of the proceeds from the property's sale. [...]
Dealing With Bankruptcy and Divorce in Texas Divorce can often be a big factor when people are making the tough decision whether or not to file for bankruptcy. Sometimes, divorce is the cause of the financial hardship leading the individual toward bankruptcy. Other times, individuals need to know what the requirements are when it comes [...]