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Articles Posted in bankruptcy

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“Til’ Debt Do Us Part”…Bankruptcy and Alimony Settlements

Davidson v. Comm’r, T.C. Memo. 2018-38, 2018 WL 1611811 (2018)   (a) Facts: The parties were divorced by an Arkansas court, and the divorce decree divided the parties’ debt.  Within a few days after the decree was entered the judge sent the parties a letter, which stated: When I made…

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Retirement Benefits Not Part of the Estate in Bankruptcy (In re Lawson)

Carolyn Woodruff, JD, CPA, CVA

In re Lawson, 570 B.R. 563 (Bankr. N.D. Ohio 2017) Facts: A husband and wife filed divorce proceedings in Ohio. Among the marital assets was the husband’s defined contribution retirement plan. The parties read into the record in the Ohio action an agreement that awarded the wife 50% of the…

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When Bankruptcy is Filed Before the DRO

Carolyn Woodruff, JD, CPA, CVA

In re Jeffers, No. 14-52328,    B.R., 2017 WL 2838104 (Bankr. N.D. Ohio June 30, 2017) Facts: A husband and wife divorced in Ohio. The divorce decree awarded the wife an interest in the husband’s retirement benefits. Before a DRO was entered, the husband filed a petition in bankruptcy under Chapter…

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