Articles
Articles in the ‘Bankruptcy’ Category
Filing Bankruptcy Petition and Impact on the Marital Estate
Under federal law when a debtor files a bankruptcy petition an estate is created and the estate includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C.A. § 541(a)(1). Thus the parties’ equitable interest in a building was part of the bankruptcy estate. Wilson v. Wilson, New Jersey App. Div., October 23, 2012
Bankruptcy and its Affect on Post Judgment Proceedings
This case represents a good overview addressing the issue of the trial court being deprived of jurisdiction to order distribution of funds from the former husband’s 401K retirement account because of the automatic stay provisions of the Bankruptcy Code. Morales v. Morales, New Jersey App. Div., February 16, 2012
Bankruptcy and Equitable Distribution
By denying ownership in the marital home in his bankruptcy case and thereafter taking the opposite position in the divorce proceeding, the husband was attempting to manipulate the legal system to his advantage. Judicial estoppel was warranted. Romano, IV v. Romano, New Jersey App. Div., January 12, 2012
Support Obligations Not Dischargeable in Bankruptcy
This case demonstrates that under the Bankruptcy Code, 11 U.S.C.A. 523(a), support obligations for alimony and child support are not dischargeable in bankruptcy regardless of whether the obligation arises under an agreement between the parties or court imposed. Malandruccolo v. Malandruccolo, New Jersey App. Div., May 12, 2010
