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43 Cards in this Set
- Front
- Back
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Can you file a joint bankruptcy after a divorce is granted?
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No.
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Can a domestic support obligation be discharged by bankruptcy?
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No.
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Does the automatic stay apply to domestic support obligations?
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No
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Are property settlement agreements dischargeable under chapter 7?
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No.
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Are property settlement agreements dischargeable under chapter 13?
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Yes.
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Is a domestic support obligation a priority debt?
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Yes.
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Is a domestic support obligation a 1st priority?
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Yes. It moved from 7th to 1st with the 2005 amendment.
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Can a chapter 13 plan be discharged before priority claims are paid in full?
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No.
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Can a chapter 13 plan be confirmed before priority claims are paid in full?
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No.
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Can a chapter 13 plan be dismissed if the debtor fails to stay current on the domestic support obligation?
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Yes.
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Scenario: Divorcing husband and wife. Husband and wife have a joint credit card that they owe $50,000 for. Husband files for bankruptcy. Can credit card company go after wife during automatic stay?
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No.
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Husband files for bankruptcy and enters chapter 13 plan. Husband and wife owe $50,000 on a credit card. Can credit card company go after wife?
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No because the plan confirmation in chapter 13 has stay-like attributes since a plan confirmation binds all creditors dealt with by the plan.
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Does the automatic stay apply to actions to establish paternity?
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No.
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Does the automatic stay prohibit actions to establish or modify an order for a DSO?
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No.
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Does the automatic stay prohibit actions concerning child custody or visitation?
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No.
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Does the automatic stay prohibit actions for divorce?
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No, except to the extent that they seek to divide property that is property of the bankruptcy estate.
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Does the automatic stay prohibit actions regarding domestic violence?
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No.
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Does the automatic stay prohibit withholding income that is property of the estate or of the debtor to pay a DSO under a judicial or administrative order or statute?
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No.
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Does the automatic stay prohibit withholding, suspending, or restricting a driver's license, recreational license, or professional license?
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No.
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Does the automatic stay prohibit intercepting a tax refund?
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No.
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Does the automatic stay prohibit enforcing a medical obligation as specified under title IV of the Social Security Act?
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No.
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Can a divorce lawyer obtain relief from stay to divide property?
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Yes, by filing a motion to proceed to divide property of the estate.
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Is exempt property part of the property of the bankruptcy estate?
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Exempt property is part of the bankruptcy estate but ceases to be so 30 days after the 1st meeting of the creditors if no one objects to the debtor's claimed exemptions.
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Can a car or house be divided by a divorce court during the automatic stay period in bankruptcy?
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Yes. The car and house are exempt property and are therefore not part of the bankruptcy estate. The liens on the property would be covered by the stay, however.
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Is it difficult to obtain relief from stay to proceed against a codebtor in a chapter 13 plan?
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No, it is fairly easy, especially if the plan does not propose to pay the joint debt in full.
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How long must a debtor live in Kansas prior to filing for bankruptcy to claim the Kansas exemptions?
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730 days, which is 2 years.
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Can a debtor choose between the Kansas and Federal exemptions?
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No. Kansas has opted out of the federal exemptions. Federal exemptions only apply if the debtor has lived in Kansas for less than 730 days, or 2 years.
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Do Kansas exemptions apply to federal tax liens?
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No.
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Is exempt property exempt from execution to satisfy DSO-type obligations?
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Hot issue. Exempt property is available under section 522(c)(1) to satisfy DSO's but not property settlement obligations. However, many bankruptcy courts have held that the trustee can't take the exempt property, only the creditor can.
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Are property settlement obligations dischargeable under chapter 7?
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NO NO NO
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Are property settlement obligations dischargeable in a chapter 13?
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Yes.
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Are hold harmless agreements dischargeable under chapter 7?
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No. Property settlements are not dischargeable under chapter 7.
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Are hold harmless agreements dischargeable as DSO under chapter 13?
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Maybe.
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Are attorney fees DSOs?
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Yes, if they are for DSO purposes. Not if they are for general divorce issues.
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Does Husband have common ownership interest with Wife on Wife's inheritance under bankruptcy law?
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Yes.
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What is a preference payment?
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Payments the debtor made on stale unsecured debts within a specific time before filing the bankruptcy.
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What are fraudulent transfers?
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Gifts or other transfers for little or no consideration within a specific period of time before filing bankruptcy.
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Do fraudulent transfers ever exist between divorcing couples?
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Yes, sometimes the divorce is a sham and the parties have colluded to transfer all property with value to one spouse before the other takes bankruptcy.
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Will an approved property settlement agreement that took place before the bankruptcy was filed be disturbed by the bankruptcy court?
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No.
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Are past due alimony and property settlement payments owed to the debtor when the bankruptcy petition is filed part of the bankruptcy estate?
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Yes.
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Are child support payments that are past due at the time the bankruptcy is filed part of the bankruptcy estate?
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No.
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If someone calls and says needs a bankruptcy and a divorce, but spouse won't agree to bankruptcy, what should they do?
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Get divorced and then file for chapter 13 bankruptcy if they can wait it out.
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If someone calls and says they need bankruptcy and divorce and spouse agrees they need bankruptcy and divorce, what should they do?
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If they can cooperate, file the bankruptcy first, resolve those issues, and then file for the divorce.
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