Category: bankruptcy

Q & A: Marital and Non-Marital Property

Q: How do I make sure a gift or inheritance I received, or something I owned before I got married, remains MY property if I end up getting divorced? A: You may have heard of prenuptial agreements, meant to protect each person’s separate property if they get divorced. Prenuptial agreements are signed before the wedding […]

Sometimes, you CAN beat Uncle Sam

We’ve all heard it said that there are two things in life that are certain–Death and Taxes.  But wait:  In bankruptcy, there are some taxes that you can avoid. Taxes first due within three years of the date a bankruptcy petition is filed and taxes assessed within 240 days of the bankruptcy filing, or which […]

Student loans and bankruptcy

Question: How are student loans and herpes alike? Answer: You can’t get rid of either one of them. When I first began practicing law (more years ago than I care to remember) it was common for students to incur substantial debt by means of student loans, and then to discharge those loans in bankruptcy shortly […]

Domestic support obligations in bankruptcy

Domestic support obligations, which include alimony, spousal maintenance, and child support, are considered  priority claims under bankruptcy law. This means that if the debtor is making monthly payments under a Chapter 13 plan, the full monthly domestic support obligation must  be paid in full as part of the plan, including those payments that become due […]