Bankruptcy Divorce Awards.
Byline: Derek Hawkins
7th Circuit Court of Appeals Case Name: Timothy H. Thorpe v. Belva J. Thorpe Case No.: 17-1766 Officials: BAUER, FLAUM, and SYKES, Circuit Judges Focus: Bankruptcy Divorce Awards Timothy and Belva Thorpe married in 196 and bought a house together in Illinois in 197. They lived in that home until shortly after Belva filed for divorce in October 2012. Timothy then filed for bankruptcy protection in June 2013. Finally, a month later, an Illinois divorce court awarded Belva the marital home. Belva and the trustee of Timothys bankruptcy estate now find themselves in a years-long dispute about whether the divorce courts award should stand. We affirm the district court, albeit with more meat on the bones. The plain statutory text demonstrates that the bankruptcy estate took Timothys half-interest in the marital home subject to Belvas contingent interest. Nothing in the Illinois Dissolution of Marriage Act or federal law suggests a contrary holding. Accordingly, the divorce court divested the estate of all rights to the marital home when it awarded the house to Belva. Affirmed Full Text [box type="shadow" ] Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firms startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-25.[/box]
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|Publication:||Wisconsin Law Journal|
|Date:||Feb 13, 2018|
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