
Episode #34
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. ⏱️ Chapters 00:00 Introduction 01:10 Meet bankruptcy attorney Ian Falcone 04:40 From “threshold law” to bankruptcy practice 07:20 When divorce and bankruptcy intersect 10:17 Understanding Chapters 7, 11, 12 and 13 12:46 Why people with assets sometimes file bankruptcy 15:05 What happens when bankruptcy is filed during divorce 15:36 The automatic stay explained 16:40 What divorce issues may continue despite bankruptcy 18:52 Why violating the automatic stay can be risky 21:58 Criminal actions, civil actions and contempt 24:40 Why bankruptcy answers are often fact-specific 27:18 Can divorce-related debt be discharged? 28:10 What counts as a domestic support obligation? 29:44 Cars, insurance, college expenses and attorney’s fees 31:00 Drafting agreements to protect support obligations 33:17 Why labels do not control in bankruptcy court 35:19 Why indemnification language matters 37:17 Chapter 7 versus Chapter 13 divorce debt 39:17 Protecting a home with a lis pendens 41:34 Rising bankruptcy filings and struggling businesses 43:14 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: pshewmaker@shewmakerandlewis.com | (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






