May Family Law CLE Seminar

They addressed Recent Bankruptcy Issues in the Family Law Arena.

The Hawk firm pointed out that orders we obtain in the District Court may not be upheld if and when one of the parties elects to file a bankruptcy. Bankruptcy can be a potent remedy for a divorce gone sour. The Hawk firm made several recommendations of how we can better protect our clients when this situation is a possibility.

It was suggested that we investigate insertion of language connecting a debt payment to spousal maintenance if at all possible. They also pointed out that the bankruptcy court and the District court have concurrent jurisdiction so it may be strategically possible to file objections to discharge of a debt in the state court, rather than the federal bankruptcy court.

As family law attorneys, we need to remember that if and when a bankruptcy is filed, there is an automatic stay that goes into effect, prohibiting the District court from proceeding with the divorce, and prohibiting the enforcement of any of the divorce orders. We will need to obtain relief from stay to proceed with the divorce or enforcement of any orders except child
support or spousal maintenance.

As family law attorney, we also need to remember that if our client is in bankruptcy, we need permission of the court to represent the client in the domestic proceeding.

Many other and more complicated issues and recent cases were raised and discussed.
For copies of the materials, contact Hawk & Hawk, P.C., 1333 W 120^th Westminster CO 80234, 303 410-1809.

Suggestions for CLE subjects of interest are accepted and appreciated.