As a full-service law firm, The Frank Law Firm has built a hard-earned reputation for quality representation and successful outcomes across a broad range of complex legal issues.
This quarter, the firm highlights yet another milestone, winning a motion for summary judgment in the Eastern District of New York Bankruptcy Court in Brooklyn.
Seeking to Declare Debt Owed Nondischargeable
Bankruptcy cases can be both complex and nuanced, relying on various theories of law. When part of (or in connection with) a divorce proceeding or separation, the issues can become particularly muddled.
Recently, a question was put before the United States Bankruptcy Court Eastern District of New York as to whether or not, under Section 523(a)(15) of the Bankruptcy Code non-support obligations incurred in the course of, or in connection with, a divorce or separation can be excluded from discharge.
In other words, the Court was tasked by The Frank Law Firm to answer whether or not this exception applies to a judgment for damages entered against an ex-spouse for breach of a stipulation resolving the parties’ divorce proceeding.
An Area of Bankruptcy Law with Little Case Law On File
This situation posed a unique challenge for The Frank Law firm, with the issue in question having little case law to date to fall back on. The parties in question were married in 1969, divorced in 2000, and subsequently re-married in 2001 before filing for divorce a second time in 2009.
Such as it were, the Divorce Action in question had been pending for several years, during which time the parties had entered into a Stipulation of Settlement, thereby resolving the Divorce Action and other various marital disputes.
In an effort to have the Judgement against them discharged, the defendant in question later filed for relief under Chapter 7 of the Bankruptcy Code. Representing the plaintiff, The Frank Law Firm timely sought to obtain a determination from the court that the Judgement was non-dischargeable under Section 532(a)(15) of the Bankruptcy Code.
Summary Judgement
Tapping into decades of experience across a variety of practice areas, and a strong foundational knowledge of bankruptcy (and divorce) law, the firm’s attorneys were able to make a well-presented argument in favor of their client, ultimately resulting in a motion for summary judgment in the Eastern District of New York Bankruptcy Court at Brooklyn.
Upon evaluation, the Court determined that even though the judgment in question was ‘one step removed’ from the ongoing divorce proceeding, the debt still falls within the exception due to the judgment stemming from the terms of the stipulation.
About Frank Law Firm
Conveniently located in Old Brookville, New York, The Frank Law Firm is a full-service, professional law firm offering robust legal services covering bankruptcy, financial services litigation, foreclosure prosecution, corporate disputes, business litigation, breach of contract, real estate transaction, and other areas of law.
The firm represents a wide range of clients, including corporate and individuals throughout Long Island, NYC, and surrounding communities. Backed by a documented track record of results, the firm is known for its creative thinking, approachability, and aggressive representation.
Each of its attorneys are results-driven, and dedicated to going above and beyond and doing whatever it takes within the bounds of the law to achieve a positive outcome for clients.
Those interested in learning more about the firm, its lawyers, or an initial no-cost consultation are encouraged to reach out via its official website or by calling 516-246-5577.
Media Contact
Company Name: The Frank Law Firm P.C.
Contact Person: Thomas J. Frank
Email: Send Email
Phone: (516) 246-5577
Address:333 Glen Head Road, Suite 145
City: Old Brookville
State: New York
Country: United States
Website: https://frankfirmpc.com/
