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Until Debt Do Us Part 2022

Product ID: CA3346R
Presented By: State Bar of Wisconsin PINNACLE

Love is a battlefield

Debt problems can lead to divorce and divorce can lead to debt problems. When the two intertwine, it can be difficult to anticipate the resulting impacts on marital property, support obligations, and taxes. Clients may face a dizzying array of questions such as:

  • When to file for bankruptcy — before or after a divorce?
  • What happens to their property?
  • Which chapter should they file?
  • Are there any third-party creditor claims involved?

How can lawyers help to achieve both parties’ financial goals in a situation fraught with emotion? Get the information you need to untangle love and debt by attending Until Debt Do Us Part. This unique program will prepare you to handle your client’s credit issues before, during, and after a divorce.

Read More ↓

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Select a Format

OnDemand seminar
Course manual (PDF) and Audio (MP3)
MP3

Pricing

Member $269.00

Non-Member $349.00

Credits

8 CLE, 1 EPR

Date and Time

Friday, October 07, 20228:30 AM - 4:50 PM CT

Add to Calendar 10/7/2022 8:30:00 AM 10/7/2022 4:50:00 PM America/Chicago Until Debt Do Us Part 2022

Love is a battlefield

Debt problems can lead to divorce and divorce can lead to debt problems. When the two intertwine, it can be difficult to anticipate the resulting impacts on marital property, support obligations, and taxes. Clients may face a dizzying array of questions such as:

  • When to file for bankruptcy — before or after a divorce?
  • What happens to their property?
  • Which chapter should they file?
  • Are there any third-party creditor claims involved?

How can lawyers help to achieve both parties’ financial goals in a situation fraught with emotion? Get the information you need to untangle love and debt by attending Until Debt Do Us Part. This unique program will prepare you to handle your client’s credit issues before, during, and after a divorce.

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Love is a battlefield

Debt problems can lead to divorce and divorce can lead to debt problems. When the two intertwine, it can be difficult to anticipate the resulting impacts on marital property, support obligations, and taxes. Clients may face a dizzying array of questions such as:

  • When to file for bankruptcy — before or after a divorce?
  • What happens to their property?
  • Which chapter should they file?
  • Are there any third-party creditor claims involved?

How can lawyers help to achieve both parties’ financial goals in a situation fraught with emotion? Get the information you need to untangle love and debt by attending Until Debt Do Us Part. This unique program will prepare you to handle your client’s credit issues before, during, and after a divorce.

Read More ↓

Judge Valerie Bailey Rihn
Dane County Circuit Court
Madison

Hon. Catherine J. Furay
Chief U.S. Bankruptcy Judge for the Western District of Wisconsin
Madison

J. David Krekeler
Krekeler Strother, S.C.
Madison

Christopher S. Krimmer
Forward Legal Services
Madison

Helen Ludwig
Ludwig Law LLC
Brookfield

Mark N. Mathias
Mathias Law
Eau Claire

Megan A. Phillips
Richter & Phillips LLP
Madison

Jennifer Schank
Fuhrman & Dodge, S.C.
Madison

Erin A. West
Godfrey & Kahn, S.C.
Madison

8:30 a.m. : Debt and Debt Collection

  • Debt
    • Secured and unsecured debt
    • Contract and equity
    • Tort
    • Statute
    • Doctrine of Necessities
    • Marital property law
    • Divorce
  • Debt collection methods
    • Levy and execution
    • Garnishment
    • Receivership
    • Judgment lien
    • Divorce judgment enforcement
    • Replevin and foreclosure, tax lien and levy, student loan collection, child support collection, car license suspension

Judge Valerie Bailey Rihn, Mark N. Mathias, Erin A. West

9:15 a.m. : Introduction to Marital Property

  • Individual and marital assets
  • Marital property in a divorce

Judge Valerie Bailey Rihn, Mark N. Mathias

9:55 a.m. : Introduction to the Impact of Divorce on Debts

  • Property settlement
  • Debt allocation
  • Maintenance

Judge Valerie Bailey Rihn, Jennifer Schank

10:15 a.m. : Introduction to Debt Relief Strategies

  • Negotiation
  • Workout
  • Chapter 128 Plans

Jennifer Schank, Erin A. West

10:30 a.m. : Break

10:45 a.m. : Introduction to Bankruptcy

  • The bankruptcy estate – the effect of marital property on the bankruptcy estate
  • Exemptions and exemption planning
  • Joint filings
  • Automatic stay issues
  • Discharge, non-dischargeable debts, and reaffirmations
  • Chapters 7, 11, 12, and 13
  • Means test and totality of the circumstances

Mark N. Mathias, Jennifer Schank, Erin A. West

11:45 a.m. : Lunch (on own)

12:45 p.m. : Marital Settlement Agreements and Bankruptcy Considerations

  • Best Practices
  • What you need to include/exclude

Christopher Krimmer, Helen Ludwig, Megan A. Phillips

1:30 p.m. : Bankruptcy Strategies

  • In the Context of Marriage
  • Joint filing
    • Separate estates and distributions
  • Single spouse filing
    • Exemptions
    • The phantom discharge
    • The hypothetical discharge
  • Making the decision to file joint or single case
  • In the Context of Divorce
    • Whether to file before or after divorce
    • Joint or single?
    • Drafting divorce decrees in contemplation of bankruptcy

Chief Judge Catherine J. Furay, J. David Krekeler, Helen Ludwig

2:30 p.m. : Break

2:45 p.m. : Post-Divorce Bankruptcy Issues

  • What to do when you get the Notice of Meeting of Creditors
  • Domestic support obligations (DSO) and the impact on exemptions
  • Marital settlement agreements (MSA) void as fraudulent conveyances?
  • Dischargeability of debts
  • State court vs. bankruptcy court – where should you litigate?
  • Modification of Maintenance

Chief Judge Catherine J. Furay, J. David Krekeler, Helen Ludwig

4:00 p.m. : Ethics: Representing Financially Distressed Couples

  • In the context of marriage
    • The joint or single filing decision
    • Conflict and waiver
  • In the context of divorce
    • Representing one spouse
    • Representing both spouses
      • Communication
      • Conflict
  • Fees owed family lawyers and the ethical considerations in their collection when faced with bankruptcy

J. David Krekeler, Megan A. Phillips

4:50 p.m. : Program Concludes

Following program start times, webcast replay schedule had vary slightly from above listed times.

  • Know how to assist your clients when bankruptcy and divorce intersect
  • Understand what factors enter into a decision to file for bankruptcy during a divorce
  • Find strategies you can use to help financially distressed divorce clients
  • Discover how divorce impacts debts and marital property
  • Avoid ethical violations common to cases involving family law and bankruptcy
  • Family law attorneys
  • Bankruptcy lawyers
  • General practitioners
  • Attorneys seeking to add bankruptcy or family law to their practice

Book Sale – Save 20%

Family Law in Wisconsin: A Forms and Procedures Handbook
Save 20% on the Family Law in Wisconsin: A Forms and Procedures Handbook.* Plus, all seminar attendees receive a free two-week trial of the Books UnBound® version. Streamline your family law practice with the essential forms, checklists, outlines, and overviews you’ll find in the Handbook. Use discount code CA3346 when you order online or by calling (800) 728-7788.

*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid as long as CLE credit is available for this program. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.

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