Drafting Divorce Obligations That Survive a Later Bankruptcy

Kelly L. Burris, Senior Litigation Partner | Cordell & Cordell

Kelly L. Burris is a Senior Litigation Partner in Cordell & Cordell’s Austin, Texas office who has settled and litigated property division cases involving multimillion-dollar estates, along with complex custody and child custody relocation cases. She is Board Certified in Family Law by the Texas Board of Legal Specialization and is licensed in both Texas and Oklahoma. Ms. Burris entered family law to help people rather than corporations, guiding clients through difficult situations while protecting their interests and their children’s interests through litigation or settlement.

• Education & Credentials

Ms. Burris earned her Bachelor of Arts from the University of Texas and her Juris Doctor from Texas Tech School of Law, where she served as Articles Editor on the Law Review. She is licensed to practice in Texas and Oklahoma and is Board Certified in Family Law by the Texas Board of Legal Specialization.

• Recognition & Leadership

Ms. Burris received the President’s Award of Merit from the Texas Young Lawyers Association in 2010 and was named among the “Best Lawyers in Dallas under 40” by D Magazine in 2006. Super Lawyers designated her a Texas Rising Star in 2004–2006 and 2008–2014 and a Super Lawyer in 2017–2019. She served as a Director of the Texas Young Lawyers Association (2002–2003, 2007–2011) and of the Dallas Young Lawyers Association (2005–2011).

• Professional Involvement

Ms. Burris has been a member of the Texas Academy of Family Law Specialists and the Texas Bar Foundation since 2008, and of the Dallas Association of Young Lawyers Foundation since 2004. She also belongs to the College of the State Bar of Texas and the Texas State Bar Association.

• Experience

Ms. Burris’s litigation practice runs through the financial side of divorce: she has settled and litigated property division cases involving multi-million-dollar estates in addition to complex custody and relocation matters. She has been quoted in The New York Times on cryptocurrency in divorce cases and in Financial Planning Magazine on divorce during economic downturns, and she discussed divorce and support modifications on FOX26 Houston. Her guest articles have appeared in Texas Lawyer, Divorce Magazine, and Family Lawyer Magazine, including work on cryptocurrency and divorce. She has lectured at Cordell & Cordell CLE seminars on cross-examination opportunities and strategies in family law (2015) and on litigating a family law case on a budget (2014), and has appeared on radio and television stations across Texas addressing family law topics.

Josiah Silverstein, Lead Litigator | Cordell & Cordell

Josiah Silverstein is a Lead Litigator in Cordell & Cordell’s Denver, Colorado office, where his family law practice centers on divorce, spousal support, and child custody. A father of two, he holds the conviction that divorcing a spouse should not mean the end of a client’s relationship with their children, and he treats careful listening to the client as the foundation of effective advocacy. Drawing on prior experience representing parents in family and juvenile law matters, he is committed to protecting parental rights and providing compassionate, dedicated representation throughout every stage of the legal process.

• Education & Credentials

Mr. Silverstein earned a Bachelor of Arts from the University of Michigan, a Master of Science from Touro College, and his Juris Doctor from the University of Denver Sturm College of Law. He is licensed to practice in Colorado.

• Recognition & Leadership

Mr. Silverstein has been recognized by Super Lawyers for his work in family law. His recognition reflects his commitment to client advocacy, thorough case preparation, and effective representation in complex divorce, child custody, and spousal support matters. He is dedicated to helping clients navigate challenging family law disputes with practical guidance and a client-focused approach.

• Professional Involvement

Mr. Silverstein has been an active member of the Colorado Bar Association since 2013, remaining engaged with Colorado’s legal community and developments in family law. Through his continued involvement in the profession, he stays informed on evolving legal issues and best practices that benefit the clients he represents.

• Experience

Mr. Silverstein’s practice at Cordell & Cordell spans divorce matters involving spousal support and child custody. Before joining the firm, he practiced family and juvenile law throughout the Denver metropolitan area, including serving as court-appointed counsel for parents in dependency and neglect proceedings. His background representing clients in emotionally complex family disputes has given him extensive experience advocating for parental rights and navigating high-stakes custody issues. He approaches every case with the goal of developing practical legal strategies, maintaining open communication with clients, and leaving no opportunity unexplored in pursuing the best possible outcome.

SESSION 1 – How Bankruptcy Courts Decide Whether a Divorce Obligation Is Support | 12:00pm – 1:00pm

This session examines how bankruptcy courts classify divorce obligations as either nondischargeable domestic support obligations under 11 U.S.C. § 523(a)(5) or potentially dischargeable property division debts under § 523(a)(15), and why that distinction is outcome-determinative in Chapter 13 cases. Attorneys will learn the leading multi-factor tests — Gianakas, Nunnally, and Benson — along with the specific structural and factual indicators courts use to apply the substance-over-form doctrine. Attendees will leave able to identify which facts and drafting choices will drive a bankruptcy court’s characterization of any given marital obligation.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Drafting and Securing Marital Obligations Against a Future Filing | 1:10pm – 2:10pm

This session equips family law attorneys with the drafting and transactional tools needed to protect divorce obligations against a debtor-spouse’s future bankruptcy filing. Attendees will learn how to eliminate joint-debt exposure before finalization, structure obligations to survive discharge in both Chapter 7 and Chapter 13, and secure payments through liens, QDROs, and constructive trusts. Attorneys will leave with a practical hierarchy of protection strategies and specific decree language to implement them.