James H. Wilson, Jr

Follow:

James H. Wilson, Jr Blogs

The Interplay Between Bankruptcy and Divorce Law in Virginia

Blog Authors

James H. Wilson Jr.

Latest from James H. Wilson, Jr

“On this issue of first impression, we agree with White’s position that a presumption of fraudulent conveyance, created upon the proof of badges of fraud, shifts both the burdens of production and persuasion to the party seeking to uphold the validity of the transaction by rebutting the presumption.”https://lnkd.in/evpYhvm

“On this issue of first impression, we agree with White’s position that a presumption of fraudulent conveyance, created upon the proof of badges of fraud, shifts both the burdens of production and persuasion to the party seeking to uphold the validity of the transaction by rebutting the presumption.”https://lnkd.in/evpYhvm

I represented a debtor in a show cause against an overly-aggressive divorce lawyer who attempted to re-open divorce case to adjust equitable distribution in light of the bankruptcy filing. We obtained actual damages, punitive damages, and attorney’s fees for a violation of the automatic stay. Case report as follows:

https://scholar.google.com/scholar_case?case=11863258658936670145&hl=en&as_sdt=6,47

Common mistakes to avoid before filing bankruptcy:

Do not sell, give away, or transfer property for less than fair-market value.  Some people make the mistake of giving away their property to family members or friends, or they “sell” the property for extremely low values.  These types of transfers are considered fraudulent or voluntary conveyances that…

The Virginia Homestead Exemption will be increased on July 1, 2020, with an additional $25,000 which can be claimed in real or personal property serving as the debtor’s principal residence or the principal residence of his or her dependents.  In addition, the Homestead Exemption will no longer have maximum lifetime limitations.  Instead, the exemption essentially…

 
Not in the case of Wigley v. Wigley, 17CV0425 (W.D. Va., Roanoke Division, 2017), where the U.S. District Court for the Western District of Virginia in Roanoke abstained from considering wife’s action to enforce an I-864 Affidavit of Support against her husband.  While the case does not directly concern bankruptcy, it illustrates the…

Is a divorce award of the former marital residence to wife enforceable against husband’s chapter 7 bankruptcy trustee?
Yes, in the case of  In re: Timothy H. Thorpe, Reinbold, Trustee, v. Thorpe, No: 17-1766 (7th Cir. Ct. App., 2018), where the Seventh Circuit Court of Appeals affirmed the decision of the judge of…

Is husband’s divorce agreement to make wife’s mortgage payments nondischargeable in a chapter 13 bankruptcy?
Yes, in the case of  In re Thomas, 511 BR 89 (6th Cir. BAP, 2014), a  Bankruptcy Appellate Panel decision from the 6th District, on appeal from the U.S. Bankruptcy Court for the Western District of Kentucky.
In Thomas,…

Is a husband’s agreement to pay his wife half the monthly payment amount for her parent’s loan to them during the marriage nondischargeable in husband’s chapter 7 bankruptcy after a divorce?
Yes, the court ruled in Shaver v. Shaver, Adversary Proceeding Number 14-5005, from the U.S. Bankruptcy Court for the Western District of Virginia, Harrisonburg…

Is a husband’s agreement to pay his wife half the monthly payment amount for her parent’s loan to them during the marriage nondischargeable in husband’s chapter 7 bankruptcy after a divorce?
Yes, the court ruled in Shaver v. Shaver, Adversary Proceeding Number 14-5005, from the U.S. Bankruptcy Court for the Western District of Virginia, Harrisonburg…