The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies

By Shayna M Steinfeld and Bruce R. Steinfeld

Now revised and expanded, The Family Lawyer's Guide to Bankruptcy is a concise resource for the sweeping changes to the Bankruptcy Code as it affects divorce and divorcing parties. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made a bankruptcy filing substantially more difficult and eliminated some of the benefits that were available. However, the root causes for the filing of bankruptcy remain: about a quarter of all bankruptcy cases are caused by divorce, often due to the costs of maintaining two households on a single salary, uncovered medical expenses, failing businesses, and job loss. Therefore, there are still situations in a divorce case where a bankruptcy case may be beneficial to both spouses. This one-of-a-kind guide offers practical and current guidance on how bankruptcy law affects divorcing spouses, updating the developing case law in the wake of BAPCPA legislation. It begins with an overview of bankruptcy law as it pertains to the particular needs of a practicing family lawyer. The first part focuses on the discharge exception provisions applicable in the divorce arena, with an emphasis on the two most common exceptions: - 523(a)(5), which provides for the automatic exception of "support" debts from bankruptcy cases- 523(a)(15), which provides an automatic exception to discharge for non-support, divorce-related debts from Chapter 7, 11, and 12 casesThe second part presents a general overview of the bankruptcy system and highlights the ramifications of bankruptcy in divorce. Among the aspects defined and explained in this section 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. Detailed notes provide in-depth explanations of issues covered in both parts of the text. Appendices provide essential information for the family lawyer who has a case where bankruptcy is involved. The appendices, printed in the book and also available online include: - Guidelines for pre-bankruptcy planning for the divorce practitioner to assist in developing settlement agreements and divorce decrees- Dictionary of bankruptcy terms- Official forms- Tax forms- Bankruptcy court directory- State-by-state listing of exemption statutes

• Format: Paperback
• Language: English
• ISBN: 1641052090
• ISBN13: 9781641052092
• Release Date: December 2019
• Publisher: American Bar Association
• Length: 590 Pages
• Weight: 2.25 lbs.
• Dimensions: 1.2" x 6.9" x 9.9"