The Interplay Between Bankruptcy and Divorce Law in Virginia
A Virginia lawyer explores the interplay between bankruptcy law and divorce law in Virginia
VIDEO: How to File Bankruptcy in Virginia
VIDEO: How to File Bankruptcy in Virginia
Related posts:
VIDEO: Must a Husband and Wife File Bankruptcy Together in Virginia?
VIDEO: How to File a Divorce in Virginia
VIDEO: Which Divorce Debts May Be Discharged In Bankruptcy?
VIDEO: What Are the Grounds for Annulment in Virginia?
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About James H. Wilson, Jr., Attorney & Counsellor at Law, 4860 Cox Rd., Ste. 200, Glen Allen, VA 23060 (804) 740-6464
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?
Are qualified domestic relations orders or QDROs invalid because they do not specifically conform to the language of the final decree of the parties’ divorce?
Are wife’s loans made before and during the marriage from her separate property to the husband for his business use dischargeable in bankruptcy?
Authorized case study: contempt of court
Can a chapter 7 bankruptcy debtor avoid a judicial lien securing a divorce debt to his former spouse using his homestead exemption?
Can a chapter 7 bankruptcy trustee avoid and recover a transfer of real property in an unrecorded Final Decree of Divorce in Virginia?
Can a chapter 7 bankruptcy trustee sell the debtor’s right to a portion of her former spouse’s 401(k) plan?
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 husband trade a house in return for wife’s promise not to seek child support in Virginia?
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 Virginia divorce judge allocate the entirety of a bankruptcy debt to the husband in equitable distribution when the parties’ separation agreement does not mention the chapter 13 bankruptcy proceeding, but provides that each party would be responsible for debts incurred by the parties prior to their separation?
Can a wife discharge in a chapter 7 bankruptcy a divorce order requiring her to pay half her husband’s tax liability to the IRS?
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 equitable distribution award be based on an older spouse’s future needs without erroneously becoming an award of support?
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 the chapter 7 bankruptcy trustee recover property transferred from the debtor divorced wife to her parents on fraudulent transfer grounds where the property transferred would have been exempt under state law?
Can the lien for spousal support payments to wife from a divorce decree evidenced by a lis pendens on husband’s real property have priority over a recorded mortgage?
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?
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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?
Did husband properly use marital funds held in accounts titled in his individual name to pay temporary spousal support to wife and legal expenses?
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 chapter 7 bankruptcy trustee’s strong-arm powers extend to include the I.R.S.’s right to sell property owned by a husband and wife as tenants by the entirety when the non-filing spouse does not owe delinquent taxes?
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 a wife’s ability to withdraw from an IRA account constitute a material change warranting a reduction in spousal support?
Does a wife’s chapter 13 bankruptcy filing extinguish her ex-husband’s rights to Qualified Domestic Relations Orders (QDROs) arising from their divorce?
Does an increase in the value of a spouse’s separate property become marital property in equitable distribution in a Virginia divorce case?
Does lack of co-parenting justify a modification of child custody in Virginia?
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?
Does the Virginia Juvenile and Domestic Relations District Court lose jurisdiction after a divorce is filed in Circuit Court?
How does a Virginia Circuit Court judge make an equitable distribution award for a couple, who do not present sufficient evidence at trial, and who are suffering economic hardships such as job losses, repossession, and a bankruptcy?
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 to file bankruptcy in Virginia after filing for divorce:
How to file divorce in Virginia after one’s spouse files bankruptcy
How will a court equitably divide marital assets when two parties have comingled their personal and business finances?
How Will a Strategic Default Affect My Virginia Divorce Case?
Is a chapter 13 bankruptcy case filed one month after a divorce a bad faith filing in Virginia?
Is a debt arising from an indemnification agreement with a former spouse dischargeable in bankruptcy?
Is a debtor’s undistributed interest in an ERISA pension plan arising from a QDRO excluded from property of the estate in a bankruptcy 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 husband who unilaterally reduces his child support payments when one of two children reaches the age of majority in contempt of court in Virginia when no reduction is expressly provided for in the separation agreement?
Is a Penalty for Late Payment of Alimony or Spousal Support a Domestic Support Obligation in Bankruptcy?
Is a private school application a sufficient material change in circumstances in Virginia to modify a child support order?
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 a wife’s interest in her former husband’s government pension arising from a divorce decree an interest in property or a debt dischargeable in bankruptcy?
Is an award of lump sum spousal support to compensate wife for husband’s bankruptcy an abuse of the trial court’s discretion?
Is an order reinstating a Virginia divorce case after dismissal for inactivity an interlocutory order or a final order?
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 it a violation of the automatic stay in a second bankruptcy to file a motion to show cause and to set a hearing date in a divorce case, when the contempt hearing itself follows the dismissal of the bankruptcy case?
Is my Virginia real estate vulnerable to creditors when I divorce?
Is remarriage a basis for modification of child support in Virginia?
Is the appreciation in value of stocks in husband’s brokerage account marital property subject to equitable distribution in Virginia?
Is wife’s half of husband’s retirement benefits a property interest of hers or a debt dischargeable in bankruptcy?
May a lump sum monetary award from equitable distribution in a Virginia divorce be enforced through the court’s contempt powers?
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 Virginia divorce court judge divide a home worth less than the mortgage balance?
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 support obligations be paid in full in chapter 13 before the debtor’s attorney’s fees?
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…
To what extent may a bankruptcy trustee avoid a transfer of real property from one spouse to another incident to a divorce settlement?
Top Ten Costly Divorce Mistakes to Avoid During a Recession
VIDEO: How Are Temporary Spousal Support and Child Support Calculated in Virginia?
VIDEO: How May a Separated Spouse Obtain Support in Virginia?
VIDEO: Is a Husband or Wife Responsible for His or Her Spouse’s Debts in Virginia?
VIDEO: Can a Husband or Wife Get a Divorce or Support During a Bankruptcy Case in Virginia?
VIDEO: Can an Individual with High Income Obtain Bankruptcy Relief in Virginia?
VIDEO: Do Grandparents Have Visitation Rights in Virginia?
VIDEO: Does It Matter Whether Husband or Wife Files for Divorce in Virginia?
VIDEO: Does Legal Title Determine Interests in Marital Property in Equitable Distribution Incident to a Virginia Divorce?
VIDEO: How Can Child Custody or Child Visitation Be Changed or Modified in Virginia?
VIDEO: How Can Child Support Be Changed in Virginia?
VIDEO: How Can Spousal Support Be Changed in Virginia?
VIDEO: How Does Adultery Affect a Divorce in Virginia?
VIDEO: How Is Child Custody Decided In Virginia?
VIDEO: How is Child Support Calculated in Virginia?
VIDEO: How Is Property Divided In a Virginia Divorce?
VIDEO: How is Spousal Support Calculated in Virginia?
VIDEO: How Long Does It Take to Get a Divorce in Virginia?
VIDEO: How to File a Divorce in Virginia
VIDEO: How to File Bankruptcy in Virginia
VIDEO: Is a Separation Agreement Necessary for a No Fault Divorce in Virginia?
VIDEO: Is There a Legal Separation in Virginia?
VIDEO: May a Husband or Wife Date Others While Separated in Virginia?
VIDEO: Must a Husband and Wife File Bankruptcy Together in Virginia?
VIDEO: Must a Husband or Wife Leave the Marital Home Upon Request in Virginia?
VIDEO: Must Child Support Be Paid if Visitation is Denied in Virginia?
VIDEO: What are the benefits of filing bankruptcy in Virginia?
VIDEO: What are the different types of consumer bankruptcies in Virginia?
VIDEO: What Are the Grounds for Annulment in Virginia?
VIDEO: What are the grounds for divorce in Virginia?
VIDEO: What Property is Protected in a Virginia Bankruptcy Case?
VIDEO: When Does a Spousal Support Obligation End in Virginia?
VIDEO: When Does Child Support End in Virginia?
VIDEO: Where Can a Divorce Be Filed in Virginia?
VIDEO: Which Divorce Debts May Be Discharged In Bankruptcy?
VIDEO: Will I lose my home in a Virginia bankruptcy?
What are eligibility requirements for filing chapter 13 bankruptcy for a husband or wife in Virginia?
What are the debtor’s duties to disclose fully payments from a divorce in a subsequent bankruptcy case?
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 is bankruptcy? What is divorce? What is the relationship between bankruptcy and divorce in Virginia?
What is the definition of “income” and what is the definition of “debt” in bankruptcy and divorce in Virginia?
What is the proper measure of the value of a business solely in wife’s name in a Virginia divorce case?
What kind of property can a husband or wife protect in bankruptcy?
What remedy exists for the division of the residence of an unmarried couple in Virginia?
What techniques can minimize or avoid the effects of a bankruptcy in a Virginia separation or divorce?
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?
When a Virginia divorce is based on adultery, would it be a manifest injustice to deny spousal support to a wife who is still living with her paramour and their son?
When do stock options become marital property subject to equitable distribution in a Virginia divorce case?
Where a spouse is served by publication in Virginia, will a divorce court allow an evidentiary hearing after dismissal based on a failure to file a timely answer following the re-opening of the 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 divorce court judge give a wife the first right to purchase the former marital residence in equitable distribution in Virginia?
Will a separation agreement challenged as fraudulent and unconscionable be upheld in a Virginia divorce brought on grounds of adultery?
Will a Virginia court award attorney’s fees to a husband in a divorce case when the husband refused to make efforts to settle?
Will a Virginia court reduce spousal support payments due to a downturn in the real estate business?
Will a Virginia court reduce spousal support when the husband loses his job?
Will a Virginia court reduce support obligations for a high income earner who accumulates substantial savings?
Will a Virginia divorce court impute a minimum wage income to a stay-at-home mother living beyond her means on credit?
Will a Virginia divorce court reopen an entire case after it was sent back on appeal for recalculation of child support payments?
Will a Virginia divorce court set aside an unfair separation agreement if it leaves wife in necessitous circumstances?
Will a wife be entitled to receive a portion of her husband’s Virginia Retirement System pension beyond her portion of the marital share of the Education Employees Supplemental Retirement System identified in the separation and property settlement agreement?
Will a wife’s use of her pension fund after she moves out from the marital residence then returns to live in a separate bedroom constitute marital waste?
Will a woman have to return the gift of an engagement ring in Virginia if she breaks off the engagement?
Will gifts from wife’s father be considered marital property subject to equitable distribution in a Virginia divorce?
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 relief from the automatic stay in a chapter 7 bankruptcy case to complete equitable distribution in a Virginia divorce case divest the bankruptcy court of property of the estate?
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 ex-husband’s chapter 13 plan paying less than a quarter of a lump sum equitable distribution award to ex-wife from a divorce case pass the good faith test for confirmation in Virginia?
Will Virginia’s long arm statute confer jurisdiction for child support over a father of a child conceived in a foreign country?
Would a Virginia divorce court order a couple to allow the former marital residence to go to foreclosure?
Would an adult child’s obligation to support a parent be dischargeable in a Virginia bankruptcy?
Would an unscheduled asset which the chapter 7 trustee had partially administered be deemed abandoned to the debtor’s ex-wife?
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