“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
The Interplay Between Bankruptcy and Divorce Law in Virginia
This blog, published by James H. Wilson, Jr, focuses on the intersection of bankruptcy and divorce law in Virginia. It covers topics such as fraudulent conveyance and burdens of proof in bankruptcy cases, punitive damages related to violations of automatic stay during divorce proceedings, and common mistakes to avoid before filing bankruptcy. The blog also discusses Virginia-specific issues like the Homestead Exemption and its protections, as well as the interplay between federal and state court jurisdiction in family law matters involving bankruptcy. It provides guidance on bankruptcy planning for married couples and addresses legal principles affecting spousal support, equitable distribution, and domestic support obligations within bankruptcy contexts.
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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…