Til Debt Due Us Part: Interaction between divorce and bankruptcy

Lawrence D. Hirsch

Parker Schwartz PLLC

Lawrence D. Hirsch has practiced in Phoenix for 30 years and has a broad range of experience in all aspects of Bankruptcy practice and debtor/creditor practice, including loan workouts. Debtor representation in Chapters 7, 11 and 13. Mr. Hirsch has extensive experience in representing families and small businesses.

Kelly L. Burris

Cordell & Cordell

Kelly L. Burris is licensed in Texas and Oklahoma. Ms. Burris is Board Certified in Family Law by the Texas Board of Legal Specialization. In 2010, she received the President’s Award of Merit from the Texas Young Lawyers Association. She was named one of the “Best Lawyers in Dallas under 40” by D Magazine in 2006.

On-Demand: August 18, 2022

Til Debt Due Us Part: Interaction between divorce and bankruptcy

$195.00 2 hour CLE

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Program Summary

Whenever federal litigation mixes with divorce litigation, attorneys in both practice areas are often confused as to how one effects the other. This problem is probably most common when it comes to bankruptcy during or after a divorce matter. While many family attorneys may fear the idea of a party filing for bankruptcy in the middle of a divorce action, it is not as scary as it at first seems to appear. In this seminar, we will discuss how a divorce action is effected by a bankruptcy and vice versa.

You will learn how to best counsel clients going through a divorce where bankruptcy may have already been filed or is imminent. The course will cover jurisdictional concerns, how marital debt may or may not be discharged, the effect that a bankruptcy may have on child related issues or spousal support and how the bankruptcy and divorce attorneys can work together to achieve the best possible outcomes for their clients. We will examine how settlement agreements and bankruptcy resolutions can be incorporated into a divorce order as well as what happens to marital property during a bankruptcy.

Finally, we will discuss the enforceability of a divorce order or decree if bankruptcy is filed after the divorce is finalized.

Key topics to be discussed:

Jurisdiction issues
Discharge issues
Automatic stay issues
Drafting settlement agreements
Property issues-what is property of the bankruptcy estate
Enforceability of Divorce Orders and Decrees during and following bankruptcy
Attorney’s fees and charging liens

Date / Time: August 18, 2022

Closed-captioning available

Speakers

Lawrence D. Hirsch | Parker Schwartz PLLC

Lawrence D. Hirsch has practiced in Phoenix for 30 years and has a broad range of experience in all aspects of Bankruptcy practice and debtor/creditor practice, including loan workouts.

Mr. Hirsch’s practice includes:

Debtor representation: representation of debtors in Chapters 7, 11 and 13. Mr. Hirsch has extensive experience in representing families and small businesses. This area of practice includes pre-bankruptcy workout negotiations.

Creditor representation: representation of creditors in Chapters 7, 11 and 13.

Bankruptcy litigation: representation of both debtors and creditors in all aspects of bankruptcy litigation including stay lift litigation, non-dischargeability litigation, claims litigation, exemptions, bad faith, and all other forms of bankruptcy litigation.

Bankruptcy appeals: representation of Appellees and Appellants in bankruptcy appeals to the Bankruptcy Appellate Panel, United States District Court, Ninth Circuit Court of Appeals, and the United States Supreme Court.

Kelly L. Burris | Cordell & Cordell

Kelly L. Burris is licensed in Texas and Oklahoma. Ms. Burris is Board Certified in Family Law by the Texas Board of Legal Specialization.

Ms. Burris has Bachelor of Arts from the University of Texas; Juris Doctor from Texas Tech School of Law where she was an Articles Editor on the Law Review.

Ms. Burris was a Director on the board for the Texas Young Lawyers Association from 2002-2003 and again from 2007-2011. In addition, she also served as Director on the board for the Dallas Young Lawyers Association from 2005-2011.

Ms. Burris has held memberships to the Texas Academy of Family Law Specialists since 2008, the Texas Bar Foundation since 2008, the Dallas Association of Young Lawyers Foundation since 2004, and the College of the State Bar of Texas and the Texas State Bar Association.

In 2010, she received the President’s Award of Merit from the Texas Young Lawyers Association. She was named one of the “Best Lawyers in Dallas under 40” by D Magazine in 2006. From 2004-2006 and 2008-2014, Ms. Burris was recognized as a Texas Rising Star in the family law practice area by Super Lawyers, a Thomson Reuters rating service of outstanding lawyers. From 2017-2019, she was named a Super Lawyer.

Ms. Burris has written numerous articles and presented speeches on various topics in family law to fellow attorneys, paralegals, and mediators as well as the public. Ms. Burris has settled and litigated complex custody cases and property cases involving multi-million dollar estates.

Ms. Burris discussed divorce, spousal, and child support modification during COVID-19 on FOX26 in Houston, Texas.

Ms. Burris has been quoted in the New York Times in an article about the complications that are arising in divorce cases due to the emergence of cryptocurrency as well as the London Herald and other international publications.

Ms. Burris appeared on the LawHer Podcast to discuss family law and cryptocurrency.

Ms. Burris wrote a pair of articles for Divorce Magazine and Family Lawyer Magazine about cryptocurrency and divorce.

Ms. Burris regularly presents on various continuing legal education topics for MyLawCLE, Stafford, Legal Career Association and other organizations.

Ms. Burris was interviewed by News Radio 1200 WOAI in San Antonio about the fallout of the Ashley Madison data breach.

Ms. Burris was interviewed by WOAI NBC 4 in San Antonio for a story about Texas’ 50/50 custody bill.

Ms. Burris was interviewed by KPRC-590 AM and KTRH-740 AM in Houston about a potentially groundbreaking child custody case.

Ms. Burris was part of a feature on Cordell & Cordell that aired on KTBC Fox 7 in Austin. She appeared on KVUE News in Austin on multiple occasions to discuss family law topics, including frequently asked questions about “love legalities” and common tax issues facing divorced men.

Ms. Burris wrote a guest article for Texas Lawyer titled, “The Family Law Practitioner’s Guide to Surviving the Texas Medical Record Privacy Act and HIPAA.”

Ms. Burris was interviewed on multiple Houston radio stations about a child custody case with ramifications on the parental rights of Texas fathers.

Ms. Burris also appeared on DadsDivorce Live to discuss a 50/50 child custody bill proposed in the Texas legislature.

In 2014, Ms. Burris presented a lecture as part of Cordell & Cordell’s Continuing Legal Education seminar on “Litigating a Family Law Case on a Budget.”

Agenda

I. Jurisdiction issues | 2:00pm – 2:20pm
II. Discharge issues | 2:20pm – 2:40pm
III. Automatic stay issues | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

IV. Drafting settlement agreements | 3:10pm – 3:25pm
V. Property issues-what is property of the bankruptcy estate | 3:25pm – 3:40pm
VI. Enforceability of Divorce Orders and Decrees during and following bankruptcy | 3:40pm – 3:55pm
VII. Attorney’s fees and charging liens | 3:55pm – 4:10pm