The Interplay Between Bankruptcy and Divorce Law in Virginia

October 14, 2009

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• Pages:
  • About James H. Wilson, Jr., Attorney & Counsellor at Law
  • After a wife files bankruptcy, should the bankruptcy court or the Virginia divorce court determine the validity of a separation agreement?
  • Are divorce contempt proceedings always a violation of the automatic stay in bankruptcy?
  • Authorized case study: contempt of court
  • Can a Child Support Order in Another State Be Declared Void Due to Lack of Notice?
  • Can a civil contempt citation in a Virginia divorce case convert into a criminal contempt citation not protected by the automatic stay in bankruptcy?
  • Can a divorced lawyer husband reduce spousal support in Virginia to his ex-wife upon his self-employment?
  • Can a foreign divorce decree be challenged in Virginia?
  • Can a husband always terminate spousal support upon retirement?
  • Can a husband be ordered to pay part of his stay-at-home wife’s student loan debts in a Virginia divorce?
  • Can a husband or wife get a second chance to stop a foreclosure sale of the marital residence in a chapter 13 bankruptcy case?
  • Can a mother use the Uniform Interstate Family Support Act (UIFSA) to modify a Virginia child support order in a foreign state that is her and the children’s residence, but not the father’s?
  • Can a parent lose primary custody of a child to ex-spouse by not cooperating with visitation and court ordered evaluations even though ex-spouse had threatened to commit suicide in the past?
  • Can a same-sex married couple or two domestic partners file a joint bankruptcy case?
  • Can a Virginia divorce court determine the dischargeability of debt in bankruptcy in a contempt proceeding?
  • Can a Virginia divorce court judge enforce discovery sanctions despite a bankruptcy filing through equitable distribution?
  • Can a wife enforce a Virginia divorce decree ordering husband to pay a vehicle loan during his chapter 13 bankruptcy case?
  • Can a wife file an order to collect mortgage and house insurance payments from the husband without violating the automatic stay in a Chapter 7 bankruptcy proceeding?
  • Can a wife obtain more than half of the value of the marital residence in a Virginia divorce?
  • Can alimony increase after a Virginia divorce above the standard of living established during the marriage?
  • Can an ex-wife enforce an affidavit of support against her debtor ex-husband in bankruptcy court after the state divorce court has already terminated spousal support?
  • Can an individual Chapter 13 bankruptcy debtor strip off a second mortgage on nonresidential property owned by the debtor and his wife as tenants by the entireties?
  • Can attorney’s fees be considered a domestic support obligation in bankruptcy?
  • Can hostility between a father and mother affect the amount of child support in Virginia?
  • Can husband’s transfers of real estate to wife under a separation agreement be set aside in a later bankruptcy?
  • Can my spouse discharge a family law debt in bankruptcy?
  • Can payments on an expensive home and BMWs be used to determine the disposable income of an above-median debtor in chapter 13 bankruptcy?
  • Can property received under a separation agreement after bankruptcy become property of the estate?
  • Can separated spouses file or continue a joint bankruptcy case?
  • Can wife claim a homestead exemption in bankruptcy in property titled solely in husband’s name because it might be considered marital property under Virginia’s equitable distribution statute?
  • Can wife’s student loan be considered marital debt in a Virginia divorce?
  • Contact
  • Could a spouse accused of adultery be at a disadvantage by invoking his or her Fifth Amendment right?
  • Could wife reopen her bankruptcy case in the Eastern District of Virginia to add her husband’s attorney as a creditor?
  • Do husband’s transfers of his separate property into jointly-titled property with his wife create marital property subject to equitable distribution by transmutation in Virginia?
  • Do I have to include my spouse’s income for means testing if I file an individual bankruptcy while my spouse and I are living separate and apart under the same roof?
  • Do I need to do anything in my separated spouse’s bankruptcy in Virginia?
  • Do I receive protection from my husband or wife’s bankruptcy?
  • Does a Virginia equitable distribution award to wife based on husband’s adultery, drinking, gambling and verbal abuse require a showing of adverse economic impact?
  • Does payment of a mortgage with joint funds change the proper classification of the house from husband’s separate property to marital property under Virginia’s equitable distribution scheme?
  • Does the noncustodial father’s child support obligation extend to paying for orthodontic treatment or braces in Virginia?
  • How does living on credit cards affect a wife’s right to receive spousal support?
  • How long will my husband or wife’s bankruptcy delay my Virginia divorce?
  • How should an income tax refund from a joint tax return be divided between a husband and wife in a Virginia bankruptcy case?
  • How Will a Strategic Default Affect My Virginia Divorce Case?
  • Is a domain name bought by husband in a bankruptcy proceeding marital property subject to equitable distribution in a Virginia divorce?
  • Is a husband or wife responsible for his or her spouse’s debts?
  • Is a Penalty for Late Payment of Alimony or Spousal Support a Domestic Support Obligation in Bankruptcy?
  • Is a purported settlement agreement signed by the parties’ attorneys but not by the parties themselves binding in a Virginia divorce proceeding?
  • Is a trust fund tax liability from husband’s business a marital debt in Virginia subject to apportionment in equitable distribution?
  • Is a Virginia divorce court required to apply any particular formula, like those from the Brandenburg or Keeling cases, consistently to trace separate and marital interests during equitable distribution?
  • Is a wife who waived her rights in a separation agreement entitled to receive ex post facto equitable distribution of husband’s military retirement funds in Virginia?
  • Is a wife’s claim for equitable distribution in divorce a debt discharged in bankruptcy or an interest in property (part 1 of 2)?
  • Is a wife’s claim for equitable distribution in divorce a debt discharged in bankruptcy or an interest in property (part 2 of 2)?
  • Is debt incurred during the marriage presumed to be marital debt in Virginia’s equitable distribution scheme?
  • Is husband entitled to claim a share in the former marital residence in Virginia after his interest in the property was sold to the wife by the husband’s chapter 7 bankruptcy trustee?
  • Is husband’s bankruptcy filing a change in circumstances justifying a modification of spousal support?
  • Is husband’s refusal to pay for health insurance under a separation agreement after wife remarries contempt of court in Virginia?
  • Is my Virginia real estate vulnerable to creditors when I divorce?
  • Is remarriage a basis for modification of child support in Virginia?
  • Is wife’s half of husband’s retirement benefits a property interest of hers or a debt dischargeable in bankruptcy?
  • May accrued rent of the former marital residence kept by husband be treated as waste of a joint asset in equitable distribution proceedings in Virginia?
  • Median income for bankruptcy means testing in Virginia decreases, effective November 1, 2009
  • Must a chapter 13 bankruptcy debtor pay a child support arrearage in full for confirmation of the plan in Virginia?
  • Must a divorcing husband and wife share the deficiency from a foreclosure sale of the marital residence in Virginia?
  • Must a wife file a complaint objecting to the dischargeability of a domestic support obligation in husband’s chapter 7 bankruptcy case in Virginia?
  • Must a wife file an adversary proceeding in husband’s chapter 7 bankruptcy case in Virginia to determine the nondischargeability of spousal support and an indemnification for husband’s share of marital debt?
  • Must both husband and wife file bankruptcy together to protect the marital residence from a foreclosure sale in Virginia?
  • Must the marital status of a husband and wife be recited on the face of a deed in Virginia in order to create a valid tenancy by the entirety?
  • Must wife’s divorce complaint based on husband’s desertion allege a marital domicile in Virginia to satisfy long-arm jurisdiction?
  • Should a husband or wife consent to relief from the automatic stay if he or she falls behind on the mortgage payments during a chapter 13 case in Virginia?
  • Should adultery or some other fault ground for divorce in Virginia determine the amount and duration of spousal support or alimony?
  • Should husband’s early retirement lead to a decrease in spousal support to wife in Virginia?
  • Should I file for bankruptcy before divorce, or divorce before a bankruptcy?
  • Some noteworthy bankruptcy law blawgs…
  • Some noteworthy family law blawgs from other states…
  • Top Ten Costly Divorce Mistakes to Avoid During a Recession
  • What are eligibility requirements for filing chapter 13 bankruptcy for a husband or wife in Virginia?
  • What are the different effects of a liquidation or a plan bankruptcy on a Virginia separation and divorce?
  • What happens to joint debts in my spouse’s bankruptcy?
  • What happens to marital property in a Virginia bankruptcy case?
  • What kind of property can a husband or wife protect in bankruptcy?
  • When a Former Husband Filed Bankruptcy After a Virginia Divorce But Before Transferring Title to His Former Wife, Can Their Real Property Be Sold in the Former Husband’s Bankruptcy Case?
  • Where a Virginia divorce court judge orders husband to pay a certain amount of support per month, decreasing each year for three years total, is this lump sum alimony payable in deferred payments or a periodic payment subject to modification by husband’s bankruptcy discharge of an equitable distribution award to wife?
  • Where can a husband or wife file a divorce case?
  • Which courts hear bankruptcy and family law matters in Virginia?
  • Why Did a Husband Who Later Filed Bankruptcy Agree to Pay His Wife One-Half of His Monthly Pension Payments as Spousal Support or Alimony Instead of Transferring One-Half of His Pension to Her by Separate Order in Their Virginia Divorce?
  • Will a bankruptcy filing stop my Virginia divorce case?
  • Will a court reduce husband’s spousal support due to changes in the economy and the real estate market?
  • Will a Virginia divorce court set aside an unfair separation agreement if it leaves wife in necessitous circumstances?
  • Will husband’s underreporting of his income justify a denial of his motion to modify spousal support following the bankruptcy of his former employer?
  • Will my spouse’s bankruptcy filing damage my credit?
  • Will personal service on nonresident husband in Virginia support a divorce decree?
  • Will the Automatic Stay in Bankruptcy Stop Family Law Matters?
  • Will the bankruptcy court allow an adversary proceeding by children against the parents for breach of fiduciary duty after the equitable distribution of the subject property in a Virginia divorce case?
  • Will the twenty year Virginia statute of limitations for judgments bar enforcement of an unliquidated, ongoing child support order from 1966 in 2008?
  • Would a Virginia divorce court order a couple to allow the former marital residence to go to foreclosure?
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