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Although the idea that marital “fault” in divorce should be weighed when distributing marital assets has, in general, gone by the wayside in New York, there is one exception. Economic fault, including wasteful dissipation of marital assets, is still a relevant consideration in equitable distribution. Domestic Relations Law ' 236[B][5][d], Owens v. Owens, N.Y.App.Div. Lexis 4292, 2013 NY Slip Op 4380; Brzuszkiewicz v. Brzuszkiewicz, 28AD3d 860, 813 NYS2d 793 (3d Dept. 2006). When faced with a client whose spouse has allegedly wasted marital assets, what must you know?
What Constitutes 'Wasteful Dissipation'?
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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