“On this issue of first impression, we agree with White’s position that a presumption of fraudulent conveyance, created upon the proof of badges of fraud, shifts both the burdens of production and persuasion to the party seeking to uphold the
James H. Wilson, Jr
James H. Wilson, Jr. is a legal professional who publishes detailed analyses and commentary primarily focused on bankruptcy law and related legal issues. His content covers practical guidance on bankruptcy planning, exemptions under state law, and litigation involving bankruptcy and family law intersections. Posts often discuss court decisions, procedural nuances, and strategic considerations for debtors and creditors. The publications also address topics such as fraudulent conveyance, punitive damages in bankruptcy contexts, and the interplay between federal and state jurisdictions in family law matters. The material is aimed at providing legal insights and clarifications relevant to bankruptcy practitioners and individuals navigating bankruptcy proceedings.
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Bankruptcy Punitive Damages Awarded Against Overly-Aggressive Divorce Lawyer
I represented a debtor in a show cause against an overly-aggressive divorce lawyer who attempted to re-open divorce case to adjust equitable distribution in light of the bankruptcy filing. We obtained actual damages, punitive damages, and attorney’s fees for a…
Common Mistakes to Avoid Before Filing Bankruptcy, and Longer-Term Bankruptcy Planning
Common mistakes to avoid before filing bankruptcy:
Do not sell, give away, or transfer property for less than fair-market value. Some people make the mistake of giving away their property to family members or friends, or they “sell” the property…
Greater protection under the Virginia Homestead Exemption starting July 1, 2020
The Virginia Homestead Exemption will be increased on July 1, 2020, with an additional $25,000 which can be claimed in real or personal property serving as the debtor’s principal residence or the principal residence of his or her dependents. In…
Will a federal court enforce an immigration support affidavit against a husband while a divorce is pending in Virginia?
Not in the case of Wigley v. Wigley, 17CV0425 (W.D. Va., Roanoke Division, 2017), where the U.S. District Court for the Western District of Virginia in Roanoke abstained from considering wife’s action to enforce an I-864 Affidavit of…
Is a divorce award of the former marital residence to wife enforceable against husband’s chapter 7 bankruptcy trustee?
Is a divorce award of the former marital residence to wife enforceable against husband’s chapter 7 bankruptcy trustee?
Yes, in the case of In re: Timothy H. Thorpe, Reinbold, Trustee, v. Thorpe, No: 17-1766 (7th Cir. Ct. App., 2018)…
Is husband’s divorce agreement to make wife’s mortgage payments nondischargeable in a chapter 13 bankruptcy?
Is husband’s divorce agreement to make wife’s mortgage payments nondischargeable in a chapter 13 bankruptcy?
Yes, in the case of In re Thomas, 511 BR 89 (6th Cir. BAP, 2014), a Bankruptcy Appellate Panel decision from the 6th District,…
Is a husband’s agreement to pay his wife half the monthly payment amount for her parent’s loan to them during the marriage nondischargeable in husband’s chapter 7 bankruptcy after a divorce?
Is a husband’s agreement to pay his wife half the monthly payment amount for her parent’s loan to them during the marriage nondischargeable in husband’s chapter 7 bankruptcy after a divorce?
Yes, the court ruled in Shaver v. Shaver, Adversary…
Does wife have a claim in husband’s chapter 7 bankruptcy case for an equitable share of the marital property before entry of the final decree of divorce?
Does wife have a claim in husband’s chapter 7 bankruptcy case for an equitable share of the marital property before entry of the final decree of divorce?
Yes, in the case of In re Ruitenberg, 745 F.3d 647 (3d Cir.…
Does a divorce attorney have standing to contest the dischargeability of attorney’s fees as a domestic support obligation in bankruptcy?
Does a divorce attorney have standing to contest the dischargeability of attorney’s fees as a domestic support obligation in bankruptcy?
Yes, in the case of Collins v. Solomon, Case No: 12-14664 (Oct. 29, 2013) where the United States District Court…