FREE DOWNLOAD: Collier Family Law & the Bankruptcy Code Excerpt-Management, Control and Sale of Property of the Bankruptcy Estate
This is a portion of the “Property Interests of the Debtor and Other Family Members Affected by a Bankruptcy Case” chapter from Collier Family Law and the Bankruptcy Code. Analysis of the extent and nature of the bankruptcy estate is essential to determining what will happen to a debtor's property in bankruptcy, a subject that is often of enormous importance to the debtor's spouse or former spouse and to other members of the debtor's family. This chapter focuses on that analysis in the context of the types of property typically involved in family law proceedings. The chapter includes topics such as the concept of the bankruptcy estate; how different types of property interests are treated in bankruptcy; property brought into the estate through avoidance of transfers; property excluded from the estate; exemption of property from property of the estate; and the management, control and sale of property of the bankruptcy estate.
For both the general practitioner and the matrimonial specialist, Collier Family Law and the Bankruptcy Code is a comprehensive, practice-oriented guide to the impact of bankruptcy on family law issues. In this treatise, Collier Co-Editor-in-Chief Henry J. Sommer and Hon. Margaret Dee McGarity, United States Bankruptcy Judge for the Eastern District of Wisconsin, examine the Bankruptcy Code with emphasis on provisions directly related to family law.
Coverage includes:
• Overview of the bankruptcy process
• Overlap of bankruptcy court jurisdiction and state family court jurisdiction
• Determining the debtor's interest in marital property
• Special issues involving community property
• Effects of Chapter 13 on current alimony and support obligations and on modification and enforcement of support obligations
• Effect of the automatic stay on on-going family court actions
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