One of the toughest intersections I face in family law is when a family law case also involves an active bankruptcy case...and the most common reason for divorce is $$. I'm not a bankruptcy expert. I typically consult another attorney or two when I have these cases just to make sure I'm doing everything right. I think in the future it might be wise to even co-counsel with another attorney who's a pure bankruptcy lawyer.
All that to mention a horrible experience we're having that mostly stems from the fact that our Cook County Domestic Relations judge didn't know her bankruptcy law and she gave us a totally unworkable judgment. She essentially didn't know that before a marital residence got sold that the parties' Chapter 13 plan would have to be paid off. She thought that we could just sell the marital residence and split the proceeds and then my client could just keep paying the Chapter 13 plan all-the-while. So now we're stuck and we're back in court trying to get the Judgment modified...what a waste!!
Be better than this judge in your practice!!
All that to mention a horrible experience we're having that mostly stems from the fact that our Cook County Domestic Relations judge didn't know her bankruptcy law and she gave us a totally unworkable judgment. She essentially didn't know that before a marital residence got sold that the parties' Chapter 13 plan would have to be paid off. She thought that we could just sell the marital residence and split the proceeds and then my client could just keep paying the Chapter 13 plan all-the-while. So now we're stuck and we're back in court trying to get the Judgment modified...what a waste!!
Be better than this judge in your practice!!
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