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Divorce Settlements as Avoidable Transfers: Structuring Against a Trustee’s Clawback

A completed divorce settlement can still be clawed back in a later bankruptcy. Learn to spot when a transfer is exposed, test reasonably equivalent value, preserve the § 548(c) good-faith defense, and build an asset-by-asset record that defeats the trustee’s avoidance claim.

2026-10-19 14:30:00

Program Details

2026-10-19 14:30:00

Program Details

2026-10-19 14:30:00

Over 1,000+ webinars

2026-10-19 14:30:00

Course Overview

The Divorce Is Final. The Property Transfer May Not Be

2026-10-19 14:30:00

A signed divorce settlement feels final. A later bankruptcy can reopen it. Trustees attack inter-spousal property transfers under §§ 548, 544(b), and 547 of the Bankruptcy Code, and through state fraudulent transfer statutes incorporated by reference. United States v. Miller (2025) and In re O’Gorman (9th Cir. 2024) changed the trustee’s avoidance toolkit. Practitioners need to know what those decisions mean today.

Rely on a “fair overall deal,” and the value argument often fails. Leave value undocumented, and the badges of fraud go unanswered. Let the good-faith record lapse, and the § 548(c) defense can be lost before the transfer is final. Ignore insider status and state UVTA look-back windows, and the exposure runs for years. Assume a transfer is support without testing it, and the § 547(c)(7) shield may not hold.

You walk out with an asset-by-asset documentation checklist and a working framework for solvency analysis, independent appraisal standards, and good-faith record-building. You will be able to identify when a completed settlement remains vulnerable to clawback and explain that exposure to clients. This is structuring judgment exercised at the moment of settlement, not doctrine you can look up after the trustee calls.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
• Trustee Avoidance Powers
Map how §§ 548, 544(b), and 547 and state fraudulent transfer statutes let a trustee unwind a settlement, and what United States v. Miller (2025) and In re O’Gorman (9th Cir. 2024) changed.
02
Badges of Fraud
Recognize the badges of fraud every divorce transfer automatically triggers, and negate the remaining ones through specific valuation and disclosure practices.
03
Reasonably Equivalent Value
Test debt assumption, support waivers, and retirement account offsets the way courts measure value from the creditors’ perspective, not as a “fair overall deal.”
04
Domestic Support Shield
Determine which divorce-related transfers qualify as domestic support obligations immune from avoidance under § 547(c)(7), and what disqualifies a transfer from that protection.
05
Good-Faith Transferee Defense
Structure the § 548(c) good-faith transferee defense from the moment of settlement, and avoid the missteps that destroy it before the transfer is finalized.
06
Contemporaneous Value Record
Build an asset-by-asset record of valuation, solvency, and appraisal evidence for real property, business interests, retirement accounts, and assumed debts that survives multi-year UVTA lookback windows.

Program schedule

clock 2:30 pm - 3:30 pm EST

How Trustees Avoid Property Transfers Made in a Divorce

This session examines the statutory and case-law framework trustees use to attack divorce property
transfers in a subsequent bankruptcy, covering §§ 548, 544(b), and 547 of the Bankruptcy Code as well as
state fraudulent transfer statutes incorporated by reference. Attorneys will learn how courts apply the
reasonably equivalent value standard, the badges of fraud doctrine, and the domestic support obligation
shield to inter-spousal transfers. Participants will leave able to identify the conditions under which a
completed divorce settlement remains vulnerable to clawback and explain the legal basis for that
exposure to clients on both sides of the marriage.

David LloydDavid Lloyd
clock 3:40 pm - 4:40 pm EST

Building the Value Record That Defeats an Avoidance Claim

This session teaches divorce practitioners how to construct a contemporaneous documentation record
that defeats a bankruptcy trustee’s avoidance claim against property transfers made in a divorce
settlement. Attendees will learn how courts measure reasonably equivalent value from the creditors’
perspective, how to negate badges of fraud through specific valuation and disclosure practices, and how
to structure the § 548(c) good-faith transferee defense from the moment of settlement. Attorneys leave
with an asset-by-asset documentation checklist and a working framework for solvency analysis,
independent appraisal standards, and good-faith record-building that survives multi-year look-back
windows.

Firas M. AbunadaFiras M. Abunada
David Lloyd

David Lloyd

The Law Office of David P. Lloyd, Ltd

Firas M. Abunada

Firas M. Abunada

Firas Law, LLC

David Lloyd

David Lloyd

The Law Office of David P. Lloyd, Ltd

David Lloyd has practiced in the debtor-creditor field throughout his more than
40-year legal career, with extensive experience in bankruptcy and bankruptcy
litigation. During the banking crisis of the 1990s, he served as a senior bankruptcy
attorney with the Federal Deposit Insurance Corporation. From 1999 to 2012, he
was a partner at Grochocinski, Grochocinski & Lloyd, where he represented
bankruptcy trustees, debtors, and creditors in bankruptcy matters. Since 2012, he
has maintained a solo practice focused on consumer and commercial bankruptcy
cases and bankruptcy litigation. His extensive experience representing both bankruptcy trustees and
parties involved in bankruptcy proceedings provides a strong foundation for addressing the risks that can
arise when divorce settlements and property transfers are later examined in bankruptcy, including the
potential for trustee avoidance and clawback claims.

Education & Credentials

David P. Lloyd earned his Bachelor of Arts degree from DePaul University in 1979 and his Juris Doctor degree from DePaul University College of Law in 1982. He was admitted to the Illinois Bar in 1982 and is licensed to practice law in Illinois.

Recognition & Leadership

David P. Lloyd is a member of the American Bankruptcy Institute, the Illinois State Bar Association, and the West Suburban Bar Association. His firm also maintains relationships with the local legal community and has several published cases involving bankruptcy trustee matters.

Professional Involvement

David Lloyd's professional career has focused on the debtor-creditor field and bankruptcy law. His experience includes representing bankruptcy trustees, debtors, and creditors, as well as handling consumer and commercial bankruptcy matters and bankruptcy litigation.

Experience

David Lloyd has more than 40 years of experience practicing in the debtor-creditor field. During the 1990s, he served as a senior bankruptcy attorney at the Federal Deposit Insurance Corporation during that decade's banking crisis. From 1999 through 2012, he was a partner at Grochocinski, Grochocinski & Lloyd. Since 2012, he has maintained a solo practice focused on consumer and commercial bankruptcy cases and bankruptcy litigation.
Firas M. Abunada

Firas M. Abunada

Firas Law, LLC

Firas M. Abunada is an Illinois attorney and solo practitioner with experience
in foreclosure defense, bankruptcy, bankruptcy adversary proceedings, and
other civil matters. His practice serves clients in Cook, DuPage, Kane, and Will
Counties. Firas is committed to providing clients with the knowledge and
information needed to make informed decisions regarding their legal matters
and takes an individualized approach to each case. His practice emphasizes
thorough attention to detail, advocacy on behalf of clients, and strategic
litigation planning. He is the owner of Firas Law, LLC and maintains a carefully
managed caseload to provide individual attention to each matter.

Education & Credentials

Firas M. Abunada earned a Bachelor of Science in Finance from DePaul University in 2005 and a Juris Doctor degree from The John Marshall Law School in 2012. He has been admitted to practice law in Illinois since 2012 and is also admitted to the U.S. District Court for the Northern District of Illinois.

Recognition & Leadership

Firas M. Abunada was recognized as a 2020 Emerging Lawyer by Leading Lawyers. He was also selected to the Illinois Rising Stars list in 2022 for his work in bankruptcy, according to Super Lawyers. His LinkedIn profile likewise identifies his recognition as an Illinois Rising Star for Bankruptcy.

Professional Involvement

Firas M. Abunada has been involved in legal education and professional publications concerning bankruptcy and related matters. His published presentations and materials include topics addressing bankruptcy and domestic support obligations and property settlements, bankruptcy and creditor issues involving elder law, and the basics of bankruptcy. Public professional profiles also identify his memberships in the Chicago Bar Association, Will County Bar Association, and Illinois State Bar Association.

Experience

Firas M. Abunada has practiced law since 2012. His professional experience includes serving as an associate attorney at a Joliet law firm from 2012 to 2019 and subsequently practicing with Grotta & Associates, P.C. before establishing and operating Firas Law, LLC. His current practice includes foreclosure defense, bankruptcy, adversary proceedings, and other civil matters, with experience representing clients in matters before courts in Illinois, including bankruptcy proceedings in the U.S. Bankruptcy Court for the Northern District of Illinois.
David Lloyd

David Lloyd

The Law Office of David P. Lloyd, Ltd

David Lloyd has practiced in the debtor-creditor field throughout his more than
40-year legal career, with extensive experience in bankruptcy and bankruptcy
litigation. During the banking crisis of the 1990s, he served as a senior bankruptcy
attorney with the Federal Deposit Insurance Corporation. From 1999 to 2012, he
was a partner at Grochocinski, Grochocinski & Lloyd, where he represented
bankruptcy trustees, debtors, and creditors in bankruptcy matters. Since 2012, he
has maintained a solo practice focused on consumer and commercial bankruptcy
cases and bankruptcy litigation. His extensive experience representing both bankruptcy trustees and
parties involved in bankruptcy proceedings provides a strong foundation for addressing the risks that can
arise when divorce settlements and property transfers are later examined in bankruptcy, including the
potential for trustee avoidance and clawback claims.

Education & Credentials

David P. Lloyd earned his Bachelor of Arts degree from DePaul University in 1979 and his Juris Doctor degree from DePaul University College of Law in 1982. He was admitted to the Illinois Bar in 1982 and is licensed to practice law in Illinois.

Recognition & Leadership

David P. Lloyd is a member of the American Bankruptcy Institute, the Illinois State Bar Association, and the West Suburban Bar Association. His firm also maintains relationships with the local legal community and has several published cases involving bankruptcy trustee matters.

Professional Involvement

David Lloyd's professional career has focused on the debtor-creditor field and bankruptcy law. His experience includes representing bankruptcy trustees, debtors, and creditors, as well as handling consumer and commercial bankruptcy matters and bankruptcy litigation.

Experience

David Lloyd has more than 40 years of experience practicing in the debtor-creditor field. During the 1990s, he served as a senior bankruptcy attorney at the Federal Deposit Insurance Corporation during that decade's banking crisis. From 1999 through 2012, he was a partner at Grochocinski, Grochocinski & Lloyd. Since 2012, he has maintained a solo practice focused on consumer and commercial bankruptcy cases and bankruptcy litigation.
Firas M. Abunada

Firas M. Abunada

Firas Law, LLC

Firas M. Abunada is an Illinois attorney and solo practitioner with experience
in foreclosure defense, bankruptcy, bankruptcy adversary proceedings, and
other civil matters. His practice serves clients in Cook, DuPage, Kane, and Will
Counties. Firas is committed to providing clients with the knowledge and
information needed to make informed decisions regarding their legal matters
and takes an individualized approach to each case. His practice emphasizes
thorough attention to detail, advocacy on behalf of clients, and strategic
litigation planning. He is the owner of Firas Law, LLC and maintains a carefully
managed caseload to provide individual attention to each matter.

Education & Credentials

Firas M. Abunada earned a Bachelor of Science in Finance from DePaul University in 2005 and a Juris Doctor degree from The John Marshall Law School in 2012. He has been admitted to practice law in Illinois since 2012 and is also admitted to the U.S. District Court for the Northern District of Illinois.

Recognition & Leadership

Firas M. Abunada was recognized as a 2020 Emerging Lawyer by Leading Lawyers. He was also selected to the Illinois Rising Stars list in 2022 for his work in bankruptcy, according to Super Lawyers. His LinkedIn profile likewise identifies his recognition as an Illinois Rising Star for Bankruptcy.

Professional Involvement

Firas M. Abunada has been involved in legal education and professional publications concerning bankruptcy and related matters. His published presentations and materials include topics addressing bankruptcy and domestic support obligations and property settlements, bankruptcy and creditor issues involving elder law, and the basics of bankruptcy. Public professional profiles also identify his memberships in the Chicago Bar Association, Will County Bar Association, and Illinois State Bar Association.

Experience

Firas M. Abunada has practiced law since 2012. His professional experience includes serving as an associate attorney at a Joliet law firm from 2012 to 2019 and subsequently practicing with Grotta & Associates, P.C. before establishing and operating Firas Law, LLC. His current practice includes foreclosure defense, bankruptcy, adversary proceedings, and other civil matters, with experience representing clients in matters before courts in Illinois, including bankruptcy proceedings in the U.S. Bankruptcy Court for the Northern District of Illinois.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
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Approved
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Approved
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Approved
California
Approved
Colorado
Pending
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Approved
Delaware
Pending
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No Required
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Approved
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Approved
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Approved
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Pending
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Pending
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Pending
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Pending
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No Required
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No Required
Minnesota
Pending
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Pending
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Approved
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Pending
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Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
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Approved
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Approved
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Pending
Oregon
Pending
Pennsylvania
Approved
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Pending
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Pending
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No Required
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Approved
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Approved
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Pending
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Approved
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Not Eligible
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Approved
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Pending
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Pending
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Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs