Whether you practice family law or bankruptcy law, this is the one resource you need when divorce and bankruptcy clash. You'll learn how to successfully establish the differences between the marital estate and the bankruptcy estate. The book covers discharging joint debts, support and property settlement obligations, avoiding liens, preferential transfers of property, premarital agreements and their relationship to bankruptcy law, bankruptcy's impact on non-marital parties, the rights a non-debtor spouse holds against the property of the estate, and other contemporary bankruptcy-divorce issues.
Written by two experts in divorce planning, this book arms readers with the knowledge and tools they need to make it through a divorce with their financial skins intact.
This book offers practical guidance on the new legislation and how it affects divorcing spouses. Among the aspects explained include the types of bankruptcy cases; case commencement; automatic stay; property of the estate; lien avoidance; priority of alimony, maintenance, and support debts; avoidability of transfers between married spouses; executory contracts; dismissal; closing the case; and revocation of discharge. Appendices are contained on an accompanying CD-ROM.
A family breakdown and divorce is often accompanied by financial problems, even insolvency. But to many family lawyers, bankruptcy and personal insolvency, and their impact on ancillary relief, are unfamiliar territory. Bankruptcy and Divorce: A Practical Guide for the Family Lawyer explains succinctly and clearly the underlying law in the UK. It highlights the danger areas for family lawyers and offers problem solving advice. This third edition revises and re-structures the previous edition which was titled Debt and Insolvency on Family Breakdown. It takes into account all recent changes in UK case law. Contents include: debts * bankruptcy and individual voluntary arrangements * assets vesting in the trustee * ownership of the family home * realization of the family home * ancillary relief and bankruptcy * a practical overview.
Several states are virtually bankrupt, including California and New York, with others fast approaching that status. In Tragedies of Our Own Making, West Virginia Supreme Court Justice Richard Neely distills the insights of a lifetime spent dealing with our nation's worst social problems. "Twenty years as a judge, " he writes, "has convinced me that state government fiscal crises, deteriorating schools, declining living standards among the old blue-collar class, and our rising crime rate are all strangely interrelated." His overriding conclusion? Problems including colossal Medicaid costs, savagery in the streets, and the falling relative wage rate of half our workforce all relate to a disintegrating family structure. All public agencies - welfare, the courts, public health, education - "are crumbling under the burden of acting as a surrogate family." In presenting a brilliant fiscal analysis of social insurance predicated on personal responsibility, Neely argues that "we are going broke because we are allowing excessive losses to be triggered through carelessness. Millions of children are being born to school-age girls and to parents who will needlessly divorce, making those children uncared for and insecure. Illegitimacy and divorce are to social insurance what leaving a pot of oil on a burning stove is to fire insurance." Neely paints a vivid picture of the "actuarial limits" of our ability to rescue people from the consequences of their own actions. He offers a two-part solution to the core problems of divorce and illegitimacy. First, Neely calls for a massive, government-financed media campaign aimed at educating the public on the financial and psychological costs of divorce toadults and children. He also presents a comprehensive and politically acceptable approach to improved birth control.
