I. INTRODUCTION §16.1

A. Definitions, Usage Conventions And Procedural Matters §16.2

B. Organization Of Chapter §16.3

II. PROCEEDINGS FOR DISSOLUTION OF MARRIAGE

A. FILING THE DISSOLUTION OF MARRIAGE CASE §16.4

1. The Dissolution Petition and the Automatic Stay §16.5

a. Public Policy Considerations §16.6

b. Statutory Analysis §16.7

c. Case Authority §16.8

d. Practical Conclusion §16.9

2. The Dissolution Summons and the Automatic Stay

a. Does the Automatic Stay Prevent Issuance or Service of the Dissolution Summons? §16.10

b. Automatic Temporary Restraining Orders (ATROs) §16.11

3. Conclusion §16.12

B. TERMINATION OF STATUS §16.13

1. Joint Petitions; Consolidation of Joint Cases §16.14

2. Exemptions

a. One Set of Exemptions For Both Spouses §16.15

b. Selecting Exemptions §16.16

c. Exemption Challenges §16.17

3. Is Relief From Stay Required to Terminate Status? §16.18

C. CHILD CUSTODY AND VISITATION §16.19

1. Relief From Stay §16.20

2. Emergency Situations §16.21

D. SPOUSAL AND CHILD SUPPORT §16.22

1. Establishing and Modifying Support Obligations §16.23

2. Where the Paying Spouse is the Debtor

a. Support Obligations Are "Debts" And "Claims" §16.24

b. Support Obligations Survive Bankruptcy §16.25

(1) Is the Claim for Support? §16.26

(a) State Courts Have Concurrent Jurisdiction §16.27

(b) Federal Law Is Controlling §16.28

(c) What is "Support" Under Federal Law? §16.29

(2) Is the Claim Payable to a Former Spouse or Child(ren)? §16.30

(a) Attorney Fee Awards Based on Need §16.31

(b) Need-Based Awards to Other Family Law Professionals §16.32

(c) Professional Awards Not Based on Need §16.33

(d) Indemnity Obligations §16.34

(e) Residential Real Estate §16.35

(3) Has the Claim Been Assigned? §16.36

c. Post-Bankruptcy Petition Interest on Support Claims §16.37

d. Post-Bankruptcy Petition Attorney Fees and Costs §16.38

e. Priority of Support Claims §16.39

(1) Chapter 13 §16.40

(2) Chapter 11 §16.41

(3) Chapter 7 §16.42

f. Enforcing Support Obligations

(1) Generally §16.43

(2) Property Of The Estate §16.44

(a) Community Property §16.45

(b) Under the Debtor’s Management And Control §16.46

(c) Liable for Claims Against the Debtor §16.47

(d) Special Allocation Rules

(i) Allocating Tax Refunds §16.48

(ii) Allocating Other Assets §16.49

(e) Agreements With The Chapter 7 Trustee §16.50

(f) Chapter 11 Issues §16.51

(g) Chapter 13 Issues §16.52

(3) Enforcement By Contempt §16.53

(4) Current and Future Support Payments §16.54

3. Where the Receiving Spouse is the Debtor

a. Property Of The Estate §16.55

(1) Child Support or Spousal Support §16.56

(2) Arrearages; Future Support §16.57

b. Exemption of Support Payments §16.58

(1) The Wildcard Exemptions §16.59

(2) The Homestead Exemptions §16.60

E. PROPERTY DIVISION ISSUES §16.61

1. Separate or Community Property §16.62

2. Rights of Non-Debtor in Undivided Marital Property §16.63

3. Rights of Non-Debtor in Divided Marital Property §16.64

4. Relief from Stay §16.65

5. Pre- and Post-Nuptial Agreements §16.66

a. Pre-Nuptial Agreements §16.67

b. Post-Nuptial Agreements §16.68

F. PERSONAL CONDUCT ISSUES §16.69

1. Automatic Stay in Domestic Violence Cases §16.70

2. Automatic Stay in Other Personal Conduct Cases §16.71

G. DISCHARGEABILITY ISSUES

1. Generally

a. Claims Between the Spouses §16.72

b. Community Property Discharge for Non-Debtor Spouse §16.73

c. Indemnity, Reimbursement, and Subrogation Claims of Non-Debtor Spouse §16.74

2. Specific Grounds for Non-Dischargeability

a. §523(a)(2) - Fraud Debts §16.75

(1) Inter-Spousal Torts §16.76

(2) Where the Spouses are Joint Tortfeasors §16.77

(3) Reimbursement for Use of Community Property §16.78

b. §523(a)(4) - Fiduciary Duty Obligations §16.79

c. §523(a)(5) - Support Debts §16.80

d. §523(a)(14) - Debts Incurred to Pay Non-Dischargeable Taxes §16.81

e. §523(a)(15) - Non-Support Dissolution Debts §16.82

(1) What Debts Are Included §16.83

(2) Who Has the Burden of Proof §16.84

(3) How is the "Ability to Pay" Test of §523(a)(15)(A) Applied? §16.85

(a) New Spouse Income §16.86

(b) Live-In Companion Income §16.87

(4) How is the Balancing Test of §523(a)(15)(B) Applied? §16.88

(5) Partial Discharge of Debt Under §523(a)(15) §16.89

f. §523(a)(16) - Homeowner Association Debts §16.90

g. §523(a)(18) - Debts Owed to Government For Support §16.91

III. PATERNITY ACTIONS §16.92

IV. CLAIMS AGAINST NON-DEBTOR SPOUSE §16.93

A. Turnover of Estate Property §16.94

B. The "Strong Arm" Clause §16.95

C. Preferential Transfers §16.96

D. Fraudulent Transfers §16.97

E. Section 522(f) §16.98

V. STRATEGIC CONSIDERATIONS

A. Control Over Estate Property §16.99

B. Valuation of Assets

1. Good Will §16.100

2. Professional Degrees §16.101

C. Separate Legal Entities §16.102

D. Former Spouses As "Insiders" §16.103

VI. CONCLUSION §16.104