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Drafting Divorce Obligations That Survive a Later Bankruptcy

When a divorced spouse files bankruptcy, poorly drafted property settlements can vanish in a Chapter 13 discharge. Learn to classify obligations under §§ 523(a)(5) and (a)(15), draft decree language that survives discharge, and secure payments through liens, QDROs, and constructive trusts.

2026-10-30 12:00:00

Program Details

2026-10-30 12:00:00

Program Details

2026-10-30 12:00:00

Over 1,000+ webinars

2026-10-30 12:00:00

Course Overview

The decree is final. In bankruptcy, your client's property settlement may not be.

2026-10-30 12:00:00

Divorce obligations do not all survive bankruptcy equally. Domestic support obligations under 11 U.S.C. § 523(a)(5) are nondischargeable in every chapter. Property division debts under § 523(a)(15) are not — the Chapter 13 superdischarge can wipe them out. That asymmetry makes classification outcome-determinative in Chapter 13 cases.

Bankruptcy courts do not defer to the decree’s labels. They apply the substance-over-form doctrine through the Gianakas, Nunnally, and Benson multi-factor tests. Structure an equalization payment carelessly, and it becomes a dischargeable unsecured claim. Draft with the right structural and factual indicators, and the obligation survives. Collateral estoppel and procedural traps await the unprepared.

Attendees leave with a practical hierarchy of protection strategies and specific decree language to implement it. That means eliminating joint-debt exposure before finalization, characterizing obligations correctly, and securing payments through liens, QDROs, and constructive trusts. The program also covers the fraudulent transfer and plan-challenge risks raised by accelerated implementation — drafting judgment no form book supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Support or Property Division
Why the § 523(a)(5) versus § 523(a)(15) classification — and the Chapter 13 asymmetry behind it — determines whether a divorce obligation survives discharge.
02
Substance Over Form
How bankruptcy courts apply the Gianakas, Nunnally, and Benson multi-factor tests to look past the labels in the decree.
03
Classification Indicators
The structural and factual indicators that drive a court’s characterization of a marital obligation as support or property division — and the drafting choices that set them.
04
Structural Defenses
How to eliminate joint-debt exposure before finalization and characterize obligations so they survive discharge in both Chapter 7 and Chapter 13.
05
Securing Obligations
Using liens, QDROs, and constructive trusts to protect marital obligations against a debtor-spouse’s future filing.
06
Traps and Challenges
Procedural mechanics, collateral estoppel, plan challenges, and the fraudulent transfer risks raised by accelerated implementation.

Program schedule

clock 12:00 pm - 1:00 pm EST

How Bankruptcy Courts Decide Whether a Divorce Obligation Is Support

This session examines how bankruptcy courts classify divorce obligations as either nondischargeable domestic support obligations under 11 U.S.C. § 523(a)(5) or potentially dischargeable property division debts under § 523(a)(15), and why that distinction is outcome-determinative in Chapter 13 cases. Attorneys will learn the leading multi-factor tests — Gianakas, Nunnally, and Benson — along with the specific structural and factual indicators courts use to apply the substance-over-form doctrine. Attendees will leave able to identify which facts and drafting choices will drive a bankruptcy court’s characterization of any given marital obligation.

Kelly L. BurrisKelly L. Burris
Josiah SilversteinJosiah Silverstein
clock 1:10 pm - 2:10 pm EST

Drafting and Securing Marital Obligations Against a Future Filing

This session equips family law attorneys with the drafting and transactional tools needed to protect divorce obligations against a debtor-spouse’s future bankruptcy filing. Attendees will learn how to eliminate joint-debt exposure before finalization, structure obligations to survive discharge in both Chapter 7 and Chapter 13, and secure payments through liens, QDROs, and constructive trusts. Attorneys will leave with a practical hierarchy of protection strategies and specific decree language to implement them.

Kelly L. BurrisKelly L. Burris
Josiah SilversteinJosiah Silverstein
Kelly L. Burris

Kelly L. Burris

Cordell & Cordell

Josiah Silverstein

Josiah Silverstein

Cordell & Cordell

Kelly L. Burris

Kelly L. Burris

Cordell & Cordell

Kelly Burris is a Senior Litigation Partner in the Austin, Texas office of Cordell & Cordell, where she litigates property division in high-value cases, including multi-million dollar estates, along with complex custody and child custody relocation matters. She has written about cryptocurrency and divorce for Divorce Magazine and Family Lawyer Magazine, and The New York Times has quoted her on the complications cryptocurrency is creating in divorce cases. She is Board Certified in Family Law by the Texas Board of Legal Specialization.

Education & Credentials

Ms. Burris earned her Bachelor of Arts at the University of Texas and her Juris Doctor at Texas Tech School of Law, where she was an Articles Editor of the Law Review. She is one of 743 attorneys Board Certified in Family Law by the Texas Board of Legal Specialization and is licensed to practice in Texas and Oklahoma.

Recognition & Leadership

Super Lawyers recognized her as a Texas Rising Star in family law from 2004 to 2006 and from 2008 to 2014, and named her a Super Lawyer from 2017 to 2019. D Magazine included her among the “Best Lawyers in Dallas under 40” in 2006, and the Texas Young Lawyers Association presented her with its President’s Award of Merit in 2010. She served on the board of directors of the Texas Young Lawyers Association in 2002–2003 and 2007–2011, and on the board of the Dallas Young Lawyers Association from 2005 to 2011.

Professional Involvement

Ms. Burris has discussed family law and cryptocurrency on the LawHer Podcast and has appeared on KTBC Fox 7, KVUE News, NBC, and radio programs to address family law issues. She has presented CLE programs including “Cross-Examination Opportunities and Strategies in Family Law” at the 2015 Cordell & Cordell CLE seminar and “Litigating a Family Law Case on a Budget” in 2014. She is a member of the Texas Academy of Family Law Specialists and the Texas Bar Foundation (both since 2008), the Dallas Association of Young Lawyers Foundation (since 2004), the College of the State Bar of Texas, and the Texas State Bar Association.

Experience

Her practice centers on dividing property in high-value divorces, including multi-million dollar estates, and her published work addresses how cryptocurrency complicates that process. She also handles complex custody disputes and child custody relocation cases, and has written a guest article for Texas Lawyer on medical record privacy.
Josiah Silverstein

Josiah Silverstein

Cordell & Cordell

Josiah Silverstein is a Lead Litigator in Cordell & Cordell’s Denver, Colorado office, where his family law practice centers on divorce, spousal support, and child custody. A father of two, he holds the conviction that divorcing a spouse should not mean the end of a client’s relationship with their children, and he treats careful listening to the client as the foundation of effective advocacy. Drawing on prior experience representing parents in family and juvenile law matters, he is committed to protecting parental rights and providing compassionate, dedicated representation throughout every stage of the legal process.

Education & Credentials

Mr. Silverstein earned a Bachelor of Arts from the University of Michigan, a Master of Science from Touro College, and his Juris Doctor from the University of Denver Sturm College of Law. He is licensed to practice in Colorado.

Recognition & Leadership

Mr. Silverstein has been recognized by Super Lawyers for his work in family law. His recognition reflects his commitment to client advocacy, thorough case preparation, and effective representation in complex divorce, child custody, and spousal support matters. He is dedicated to helping clients navigate challenging family law disputes with practical guidance and a client-focused approach.

Professional Involvement

Mr. Silverstein has been an active member of the Colorado Bar Association since 2013, remaining engaged with Colorado's legal community and developments in family law. Through his continued involvement in the profession, he stays informed on evolving legal issues and best practices that benefit the clients he represents.

Experience

Mr. Silverstein's practice at Cordell & Cordell spans divorce matters involving spousal support and child custody. Before joining the firm, he practiced family and juvenile law throughout the Denver metropolitan area, including serving as court-appointed counsel for parents in dependency and neglect proceedings. His background representing clients in emotionally complex family disputes has given him extensive experience advocating for parental rights and navigating high-stakes custody issues. He approaches every case with the goal of developing practical legal strategies, maintaining open communication with clients, and leaving no opportunity unexplored in pursuing the best possible outcome.
Kelly L. Burris

Kelly L. Burris

Cordell & Cordell

Kelly Burris is a Senior Litigation Partner in the Austin, Texas office of Cordell & Cordell, where she litigates property division in high-value cases, including multi-million dollar estates, along with complex custody and child custody relocation matters. She has written about cryptocurrency and divorce for Divorce Magazine and Family Lawyer Magazine, and The New York Times has quoted her on the complications cryptocurrency is creating in divorce cases. She is Board Certified in Family Law by the Texas Board of Legal Specialization.

Education & Credentials

Ms. Burris earned her Bachelor of Arts at the University of Texas and her Juris Doctor at Texas Tech School of Law, where she was an Articles Editor of the Law Review. She is one of 743 attorneys Board Certified in Family Law by the Texas Board of Legal Specialization and is licensed to practice in Texas and Oklahoma.

Recognition & Leadership

Super Lawyers recognized her as a Texas Rising Star in family law from 2004 to 2006 and from 2008 to 2014, and named her a Super Lawyer from 2017 to 2019. D Magazine included her among the “Best Lawyers in Dallas under 40” in 2006, and the Texas Young Lawyers Association presented her with its President’s Award of Merit in 2010. She served on the board of directors of the Texas Young Lawyers Association in 2002–2003 and 2007–2011, and on the board of the Dallas Young Lawyers Association from 2005 to 2011.

Professional Involvement

Ms. Burris has discussed family law and cryptocurrency on the LawHer Podcast and has appeared on KTBC Fox 7, KVUE News, NBC, and radio programs to address family law issues. She has presented CLE programs including “Cross-Examination Opportunities and Strategies in Family Law” at the 2015 Cordell & Cordell CLE seminar and “Litigating a Family Law Case on a Budget” in 2014. She is a member of the Texas Academy of Family Law Specialists and the Texas Bar Foundation (both since 2008), the Dallas Association of Young Lawyers Foundation (since 2004), the College of the State Bar of Texas, and the Texas State Bar Association.

Experience

Her practice centers on dividing property in high-value divorces, including multi-million dollar estates, and her published work addresses how cryptocurrency complicates that process. She also handles complex custody disputes and child custody relocation cases, and has written a guest article for Texas Lawyer on medical record privacy.
Josiah Silverstein

Josiah Silverstein

Cordell & Cordell

Josiah Silverstein is a Lead Litigator in Cordell & Cordell’s Denver, Colorado office, where his family law practice centers on divorce, spousal support, and child custody. A father of two, he holds the conviction that divorcing a spouse should not mean the end of a client’s relationship with their children, and he treats careful listening to the client as the foundation of effective advocacy. Drawing on prior experience representing parents in family and juvenile law matters, he is committed to protecting parental rights and providing compassionate, dedicated representation throughout every stage of the legal process.

Education & Credentials

Mr. Silverstein earned a Bachelor of Arts from the University of Michigan, a Master of Science from Touro College, and his Juris Doctor from the University of Denver Sturm College of Law. He is licensed to practice in Colorado.

Recognition & Leadership

Mr. Silverstein has been recognized by Super Lawyers for his work in family law. His recognition reflects his commitment to client advocacy, thorough case preparation, and effective representation in complex divorce, child custody, and spousal support matters. He is dedicated to helping clients navigate challenging family law disputes with practical guidance and a client-focused approach.

Professional Involvement

Mr. Silverstein has been an active member of the Colorado Bar Association since 2013, remaining engaged with Colorado's legal community and developments in family law. Through his continued involvement in the profession, he stays informed on evolving legal issues and best practices that benefit the clients he represents.

Experience

Mr. Silverstein's practice at Cordell & Cordell spans divorce matters involving spousal support and child custody. Before joining the firm, he practiced family and juvenile law throughout the Denver metropolitan area, including serving as court-appointed counsel for parents in dependency and neglect proceedings. His background representing clients in emotionally complex family disputes has given him extensive experience advocating for parental rights and navigating high-stakes custody issues. He approaches every case with the goal of developing practical legal strategies, maintaining open communication with clients, and leaving no opportunity unexplored in pursuing the best possible outcome.

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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Live stream programs

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Trusted by Legal Professionals

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Trusted by Legal Professionals

1000+

Live stream programs

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70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
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