Are FLRPLs dischargeable in Bankruptcy?

A Family Law Real Property Lien, commonly referred to as a FLRPL, may be given by a family law client to his or her own attorney to secure an existing fee bill or to secure future ongoing attorney fees in a family law case. 

Sometimes, where a client does not have enough money to pay his attorney for continued legal services, but has sufficient equity in the family residence, the granting of a lien against the family residence could be the only way for a client to be able to retain legal counsel in his or her case. Otherwise, the client might have to become unrepresented, if there are no other options available for payment for ongoing services.  The attorney and client could agree that the client would grant to the attorney a lien on the family residence in an agreed specified amount. The FLRPL is then recorded against the family residence. The lien granted by the client only affects the client's community interest in the family residence.  It does not affect the other spouse community interest in it.

Of course, in this present economy, the ability to convey a FLRPL to one's attorney is less and less likely since many homes have lost considerable value in the last two to three years.  Some are now upside down.  Certainly, the granting of a FLRPL was more prevalent before 2008.

With more bankruptcy filings in the past two years, the question arose whether a former client could file bankruptcy and discharge the FLRPL in the bankruptcy.  In a 2009 case, the United Stated Bankruptcy Court ruled that a FLRPL is a statutory lien and is NOT dischargeable in bankruptcy.  So, while a FLRPL does serve a legitimate purpose in the proper situation, it cannot be avoided in bankruptcy.

Co-Parenting Your Children during and after a Divorce

Divorce means ending a relationship with a spouse.  The relationship with your children continues.  How do you share time with the children with the person you are divorcing?  It is important to develop a working relationship with the co-parent that is in the best interest of the child.  It may be easier to divide and dispose of material possessions than to make joint decisions about the children.  The quality of communication with your co-parent deeply affects your children's present and future adjustment.  Co-parenting means respectful, deferential, flexible and cooperative decision making regarding one's children.

Children Learn What They Live - by Dorothy Law Nolte

• If children live with criticism, they learn to condemn.
• If children live with hostility, they learn to fight.
• If children live with fear, they learn to be apprehensive.
• If children live with pity, they learn to feel sorry for themselves.
• If children live with encouragement, they learn confidence.

• If children live with tolerance, they learn patience.

• If children live with praise, they learn appreciation.
• If children live with acceptance, they learn to love.