Features
The New Temporary Maintenance Guidelines
There has been much criticism of the new temporary maintenance awards (DRL ' 236B(5-a)) and their shortcomings. For the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.
The New 'Irretrievable Breakdown' Ground for Divorce
DRL ' 170 was amended in 2010 to add "irretrievable breakdown" in subdivision 7, a "no-fault ground" for divorce. Many thought that the new ground would make it possible for one party to the marriage to unilaterally end it. Not so fast.
Features
Dealing with Emotions and the Law
When emotional issues manifest themselves during the life of a divorce, keeping the case in line with the law and presenting the evidence properly become highly important.
Features
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.
Features
Assumption of Liabilities
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
Features
The Application of Pollution Exclusions to Defective Drywall Claims
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
Features
Gift Plans: Death Knell or Still on Life Support?
This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.
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