Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Friday, February 5, 2016
DIVORCE SETTLEMENTS UPSET BY BANKRUPTCY?
Yes it can happen. I attended a terrific CLE yesterday at the Suffolk County Bar Association. The fact is that the interests of a bankruptcy court, the trustee appointed, the creditors of the debtor, etc. may conflict with the interests of one or both parties in a matrimonial action.
For those in a matrimonial cases, whether resolved by settlement or action, some financial aspects of the divorce may be disrupted or, at least further litigated, when one of the spouses file for bankruptcy - and different rules apply for Chapter 7 liquidations and Chapter 13 reorganizations.
As I have said before, if marriage is supposed to be for life...divorce can be eternal.
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