The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    By Shayna Michele Steinfeld and Bruce Randy Steinfeld

    The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    By Shayna Michele Steinfeld and Bruce Randy Steinfeld

    2018, 590 pages, ebook, PC 5130227EBK

    A valuable and concise resource, this book supplies practical and current guidance on how bankruptcy law affects divorcing spouses and updates the relevant case law. Extensive appendices provide invaluable forms and resources for the family lawyer with handling a case where a bankruptcy is involved.

    The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    By Shayna Michele Steinfeld and Bruce Randy Steinfeld

    The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    The Family Lawyer's Guide to Bankruptcy: Forms, Tips, and Strategies, Fourth Edition

    By Shayna Michele Steinfeld and Bruce Randy Steinfeld

    2018, 590 pages, 7 x 10, Paperback, PC 5130227

     A valuable and concise resource, this book supplies practical and current guidance on how bankruptcy law affects divorcing spouses and updates the relevant case law. Extensive appendices provide invaluable forms and resources for the family lawyer with handling a case where a bankruptcy is involved.
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    Now revised and expanded, The Family Lawyer's Guide to Bankruptcy is a valuable and concise resource for understanding the sweeping changes to the Bankruptcy Code as it affects divorce and divorcing parties. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made a bankruptcy filing substantially more difficult and eliminated some of the benefits that were available. However, the root causes for the filing of bankruptcy remain: about a quarter of all bankruptcy cases are caused by divorce, often due to the costs of maintaining two households on a single salary, uncovered medical expenses, failing businesses, and job loss. Therefore, there are still situations in a divorce case where a bankruptcy case may be beneficial to both spouses.

    The Family Lawyer's Guide to Bankruptcy offers practical and current guidance on how bankruptcy law affects divorcing spouses, updating the developing case law in the wake of BAPCPA legislation. It begins with an overview of bankruptcy law as it pertains to the particular needs of a practicing family lawyer. The first part focuses on the discharge exception provisions applicable in the divorce arena, with an emphasis on the two most common exceptions:

    • § 523(a)(5), which provides for the automatic exception of "support" debts from bankruptcy cases
    • § 523(a)(15), which provides an automatic exception to discharge for non-support, divorce-related debts from Chapter 7, 11, and 12 cases
    The book's second part presents a general overview of the bankruptcy system and highlights the ramifications of bankruptcy in a divorce situation. Among the aspects defined and explained in this section include the types of bankruptcy cases; case commencement; automatic stay; property of the estate; lien avoidance; priority of alimony, maintenance, and support debts; avoidability of transfers between married spouses; executory contracts; dismissal; closing the case; and revocation of discharge. Detailed notes provide in-depth explanations of issues covered in both parts of the text.

      Appendices provide essential information for the family lawyer who has a case where bankruptcy is involved. The appendices, printed in the book and also available on an online site available to readers, include:

      • Guidelines for pre-bankruptcy planning for the divorce practitioner to assist in developing settlement agreements and divorce decrees
      • Dictionary of bankruptcy terms
      • Official forms
      • Tax forms
      • Bankruptcy court directory
      • State-by-state listing of exemption statutes

      Product Details

      Sponsors

      Section of Family Law

      Publishers

      ABA Book Publishing

      ISBN

      9781641052108

      Page Count

      590

      Product Code

      5130227EBK

      Trim Size

      7 x 10

      Publication Date

      7/17/2018 12:00:00 AM

      Sponsors

      Section of Family Law

      Publishers

      ABA Book Publishing

      ISBN

      9781641052092

      Page Count

      590

      Product Code

      5130227

      Trim Size

      7 x 10 Paperback

      Publication Date

      7/17/2018 12:00:00 AM

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