Show notes
In episode 9 of the Law in the Family podcast, cohosts and family law attorneys Aaron Weems & Anthony Hoover talk with Tracy Updike, Esquire, who specializes in commercial and consumer bankruptcy. They explore the financial and legal issues family law attorneys need to be aware of should their clients or their clients’ former spouses seek personal or business protections through bankruptcy.
Tracy L. Updike, Esq., is Of Counsel at Mette, Evans & Woodside in Harrisburg. She focuses her practice in the field of consumer and commercial bankruptcy and creditors’ rights. She is a frequent lecturer on bankruptcy topics at the Pennsylvania Bar Institute and for the Middle District Bankruptcy Bar Association. She is an adjunct professor for Bankruptcy Law at Widener Law Commonwealth in Harrisburg.
CITATIONS
In re Gianakas, 917 F.2d 759 (3d Cir. 1990) - whether obligation is in nature of support so as to be nondischargeable depends on intent of parties at time of settlement agreement, which can be found by examining three indicators: first, language and substance of agreement in context of surrounding circumstances; second, parties' financial circumstances at time of agreement; third, function served by obligation at time of divorce or settlement.
Farelli v. Farelli (In re Farelli), 347 B.R. 501 (Bankr. W.D. Pa. 2006)- state court characterization of debtor's obligation as distribution of property was not dispositive; disparity in financial circumstances showed award of 65 percent of marital property was to provide spouse with means to support and maintain herself
In re Tyndall, 360 B.R. 68 (Bankr. D. Del. 2007) - obligation to pay $500 weekly pursuant to separation agreement, despite express language in agreement that payments were not intended as alimony, were domestic support obligation
Hanrahan v. Ketch, 243 A3d 219 (Pa Superior Ct. 2020) – state court had concurrent jurisdiction (born out of a bankruptcy law change) with bankruptcy court to acknowledge and enforce former wife's debt to former husband under property settlement agreement
*audio editing, voice over & music by Nick DeMatteo
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