Family/Divorce Issues

This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.

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.

This panel will address many of the thorniest ethical issues for consumer lawyers, including avoiding conflictof- interest issues as counsel in a failing case, counseling a client who will not take your advice, and counseling a mentally ill client.

Estate-planning efforts and divorce proceedings can result in trustees being able to reach property that had previously been considered beyond the reach of creditors. Be prepared to explore the intersections of these laws with an expert panel who will address the impact of bankruptcy on estate plans, homestead exemptions, life estates, the sale of remainder interests and more.

Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.

This panel will discuss the collision of divorce practice and Bankruptcy Code §§362, 523, 1325, and 1328.

Featuring pre-screened questions posed by the DFW Association of Young Bankruptcy Lawyers (DAYBL) (www.daybl.com) and the Dallas Association of Young Lawyers

There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.