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The Intersection of Bankruptcy and Divorce: When Worlds Collide
This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.
Discovery: It’s a Whole New Ballgame
Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.
Death and Taxes
The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.
Individual Chapter 11 Cases: The Good, The Bad and The Ugly
This panel will be involved in an advanced discussion of the problems and opportunities that can arise in an individual chapter 11 case. The panel will discuss issues involving post-petition earnings, including voluntary assignments of future wages, and the effect of conversion to a chapter 7 proceeding; the “disposable income test”; §§ 1129(a)(15), 1129(b)(2)(B)(ii) and 1115(b); and the “absolute priority rule,” among other topics.
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