Author Question: Richard has come to us, concerned that he may have made a mistake in his recent divorce. He accepted ... (Read 28 times)

tth · **on:** Aug 3, 2018

Richard has come to us, concerned that he may have made a mistake in his recent divorce. He accepted a payout of his share of marital property over time, but now his ex-wife is talking about bankruptcy. Will he lose the undistributed award to her other creditors?

What will be an ideal response?

Question 2

Teri is seeking protection from an abusive partner who has threatened to shoot her. Some of the changes in our legal and social systems that would help her include all of the following except:

a. Specialized training for attorneys, and law enforcement and court personnel.
b. An intimate partner federal stand your ground law.
c. GPS monitoring of her partner.
d. A federal law prohibiting abusers from possessing guns.

wtf444 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

We would first check their separation agreement or divorce decree. Is there a protection clause that says the property settlement is part of the spousal and child support package, which may be immune from bankruptcy as a DSO? If his ex-wife seeks bankruptcy, the court should provide relief from creditors, not family obligations. If they failed to take that precaution, we might seek to file an adversary proceeding complaint on Richard's behalf, which will allow him to argue that discharging the remaining property transfers would have an adverse effect on his ability to provide for himself and his children.

Answer to Question 2

b