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Collier Family Law and the Bankruptcy Code

Collier Family Law and the Bankruptcy Code

A practice-oriented guide examining the impact of the Bankruptcy Code on family law issues, authored by Henry J. Sommer, co-Editor-in-Chief of Collier on Bankruptcy, the preeminent treatise on bankruptcy law, and Hon. Margaret Dee McGarity, United States Bankruptcy Judge for the Eastern District of Wisconsin.


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    For both the general practitioner and the matrimonial specialist, Collier Family Law and the Bankruptcy Code is a comprehensive, practice-oriented guide examining the impact of the Bankruptcy Code on family law issues. Authored by Henry J. Sommer, co-Editor-in-Chief of Collier on Bankruptcy, the preeminent treatise on bankruptcy law, and Hon. Margaret Dee McGarity, a United States Bankruptcy Judge for the Eastern District of Wisconsin.

    Coverage includes:
    • Overview of the bankruptcy process
    • Overlap of bankruptcy court jurisdiction and state family court jurisdiction
    • Determining the debtor's interest in marital property
    • Special issues involving community property
    • Effects of Chapter 13 on current alimony and support obligations and on modification and enforcement of support obligations
    • Effect of the automatic stay on on-going family court actions


    First published in 1991.
    1 Volume; Looseleaf; updated yearly with revisions.

    The eBook version of this title features links to Lexis Advance for further legal research options.

    CHAPTER 1 – An Overview of the Bankruptcy Process as it Affects Family Law Issues
    CHAPTER 2 – Property Interests of the Debtor and Other Family Members Affected by a Bankruptcy Case
    CHAPTER 3 – Liabilities Arising in a Marriage or Family Relationship
    CHAPTER 4 – Special Issues Concerning Community Property
    CHAPTER 5 – Jurisdiction of the Bankruptcy Court in Domestic Relations Matters and Applicability of the Automatic Stay
    CHAPTER 6 – The Dischargeability of Marital Obligations in Bankruptcy
    CHAPTER 7 – Lien and Transfer Avoidance in Connection with Marital or Family Obligations
    CHAPTER 8 – Chapter 13 and the Divorced or Separated Debtor
    CHAPTER 9 – Effects of Bankruptcy on Nonmarital Family Relationships

     

    Henry J. Sommer


    Henry J. Sommer is a leading authority on consumer bankruptcy law and has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. He is the Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia and formerly served as the head of the Consumer Law Project at Community Legal Services in Philadelphia. Mr. Sommer has served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an adjunct professor at Temple University School of Law. Mr. Sommer is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender), Consumer Bankruptcy Law and Practice (Nat'l Consumer Law Center), and numerous articles on bankruptcy law. He is co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender). Mr. Sommer is an elected member of the American Law Institute and the National Bankruptcy Conference. In addition, he is an elected Fellow of the American College of Bankruptcy. He is a former president of the National Association of Consumer Bankruptcy Attorneys, former Chair of the Eastern District of Pennsylvania Bankruptcy Conference and a former member of the Federal Reserve Board Consumer Advisory Council. Mr. Sommer was the first recipient of the National Consumer Law Center's Vern Countryman Consumer Law Award. He received his legal education from Harvard Law School (J.D., cum laude).

    McGarity,Dee Honorable Margaret


    Margaret Dee McGarity has been a United States Bankruptcy Judge for the Eastern District of Wisconsin since 1987, having been appointed for a fourteen year term. Judge McGarity was in private practice before her appointment, concentrating primarily in the areas of bankruptcy, family law and marital property, and she served on the panel of Chapter 7 trustees.

    Judge McGarity is a frequent lecturer on various marital property and bankruptcy related topics, especially on the interrelationships between family law and the Bankruptcy Code, having participated in seminars sponsored by the Federal Judicial Center, National Conference of Bankruptcy Judges, American Bankruptcy Institute, State Bar of Wisconsin, Supreme Court of Wisconsin (Judicial Education Division), National Child Support Enforcement Association, National Judicial College, National Association of Consumer Bankruptcy Attorneys, and various bar associations, among others. She is a co-author of Christiansen, Haberman, Haydon, Kinnamon, McGarity and Wilcox, Marital Property Law in Wisconsin (State Bar of Wis. 1984, 2d ed. 1986, Supp. 1992), a three volume treatise on Wisconsin¿s community property laws. She is also the author of articles published by the ABA Journal, NAB Talk, NACTT Quarterly and other publications dealing with the practical aspects of bankruptcy practice.

    She is a Phi Beta Kappa graduate of Emory University, 1969, and a 1974 graduate of the University of Wisconsin Law School. She is a member of the National Conference of Bankruptcy Judges, American Bankruptcy Institute, National Association of Women Judges, the American College of Bankruptcy, and the Thomas E. Fairchild Inn, AIC.

    Alan N. Resnick


    Alan N. Resnick is the Benjamin Weintraub Distinguished Professor of Bankruptcy Law at Hofstra University School of Law in Hempstead, New York. Professor Resnick, who has taught for more than 25 years, is a nationally recognized authority on bankruptcy law. Professor Resnick is also Of Counsel to the firm of Fried, Frank, Harris, Shriver & Jacobson LLP in New York City, where he regularly consults on bankruptcy, insolvency and restructuring matters. Professor Resnick's writings have been cited in more than 150 judicial opinions, including opinions of the U.S. Supreme Court. He was the author of Bankruptcy Law Manual (5th ed. West) and was the co-editor of Bankruptcy Reform Act of 1978: A Legislative History (Wm. Hein). He has written numerous articles on bankruptcy and commercial law. He also is a frequent speaker at professional seminars and educational programs. Professor Resnick is an elected member of the National Bankruptcy Conference and the American Law Institute, and is a Fellow of the American Bar Foundation. He is also an elected Fellow of the American College of Bankruptcy and has served as that organization's Scholar-in-Residence. He received his legal education at Georgetown University Law Center (J.D.) and Harvard Law School (LL.M.).

     

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