Bankruptcy During Divorce: What Happens to Support, Property and Debt? | Lawyers Without Billboards S2-Ep34

What happens when bankruptcy crashes into a divorce case?Bankruptcy attorney Ian Falcone joins Steve, Patty and Alexa to explain how bankruptcy can affect divorce proceedings, support obligations, property settlements, attorney’s fees, joint debt and real estate.Ian breaks down the differences between Chapters 7, 11, 12 and 13, then explains one of the most important concepts in bankruptcy law: the automatic stay. The group discusses what may pause when bankruptcy is filed during a divorce, what can continue and why the answer often depends heavily on the facts.They also explore whether child support, alimony, extracurricular expenses, car payments, attorney’s fees and other divorce-related obligations can be discharged. Ian explains why simply labeling something “support” may not make it support in bankruptcy court and why carefully drafted settlement agreements and indemnification provisions matter.Finally, Ian shares a critical warning for divorce attorneys and spouses dealing with real estate: when a house is titled in only one spouse’s name, filing a lis pendens early may help protect the other spouse’s interest if bankruptcy is later filed.⏱️ Chapters00:00 Introduction01:10 Meet bankruptcy attorney Ian Falcone04:40 From “threshold law” to bankruptcy practice07:20 When divorce and bankruptcy intersect10:17 Understanding Chapters 7, 11, 12 and 1312:46 Why people with assets sometimes file bankruptcy15:05 What happens when bankruptcy is filed during divorce15:36 The automatic stay explained16:40 What divorce issues may continue despite bankruptcy18:52 Why violating the automatic stay can be risky21:58 Criminal actions, civil actions and contempt24:40 Why bankruptcy answers are often fact-specific27:18 Can divorce-related debt be discharged?28:10 What counts as a domestic support obligation?29:44 Cars, insurance, college expenses and attorney’s fees31:00 Drafting agreements to protect support obligations33:17 Why labels do not control in bankruptcy court35:19 Why indemnification language matters37:17 Chapter 7 versus Chapter 13 divorce debt39:17 Protecting a home with a lis pendens41:34 Rising bankruptcy filings and struggling businesses43:14 Final thoughts🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. Connect with bankruptcy attorney Ian Falcone: https://www.falconefirm.com/🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/BNnEoXfG-58 or listen on Spotify, Apple Podcasts, Google Podcasts, and more.📩 Contact: [email protected]| (770) 939-1939🌐 Website: https://www.shewmakerandlewis.com🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards🎼 Music by Ben Hernandez – Dragonsong Productions🎥 Produced by: Bleeding Edge, Inc.🎬 Audio & Video Production: Rob Burgner📍 Recorded at: Shewmaker & Lewis, Atlanta, GA