What happens when bankruptcy crashes into a divorce case?

Bankruptcy attorney Ian Falcone joins Steve, Patty and Alexa to explain how bankruptcy can affect divorce proceedings, support obligations, property settlements, attorney’s fees, joint debt and real estate.

Ian breaks down the differences between Chapters 7, 11, 12 and 13, then explains one of the most important concepts in bankruptcy law: the automatic stay. The group discusses what may pause when bankruptcy is filed during a divorce, what can continue and why the answer often depends heavily on the facts.

They also explore whether child support, alimony, extracurricular expenses, car payments, attorney’s fees and other divorce-related obligations can be discharged. Ian explains why simply labeling something “support” may not make it support in bankruptcy court and why carefully drafted settlement agreements and indemnification provisions matter.

Finally, Ian shares a critical warning for divorce attorneys and spouses dealing with real estate: when a house is titled in only one spouse’s name, filing a lis pendens early may help protect the other spouse’s interest if bankruptcy is later filed.

⏱️ Chapters

00:00 Introduction
01:10 Meet bankruptcy attorney Ian Falcone
04:40 From “threshold law” to bankruptcy practice
07:20 When divorce and bankruptcy intersect
10:17 Understanding Chapters 7, 11, 12 and 13
12:46 Why people with assets sometimes file bankruptcy
15:05 What happens when bankruptcy is filed during divorce
15:36 The automatic stay explained
16:40 What divorce issues may continue despite bankruptcy
18:52 Why violating the automatic stay can be risky
21:58 Criminal actions, civil actions and contempt
24:40 Why bankruptcy answers are often fact-specific
27:18 Can divorce-related debt be discharged?
28:10 What counts as a domestic support obligation?
29:44 Cars, insurance, college expenses and attorney’s fees
31:00 Drafting agreements to protect support obligations
33:17 Why labels do not control in bankruptcy court
35:19 Why indemnification language matters
37:17 Chapter 7 versus Chapter 13 divorce debt
39:17 Protecting a home with a lis pendens
41:34 Rising bankruptcy filings and struggling businesses
43:14 Final thoughts

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

 Connect with bankruptcy attorney Ian Falcone: https://www.falconefirm.com/

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis

 🎧 Watch here: https://youtu.be/BNnEoXfG-58 or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

A parenting plan is more than a calendar. It determines how parents will make major decisions, where children will spend their time and how everyday parenting will work after a divorce.

In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy and Alexa break down what goes into a Georgia parenting plan, including legal custody, final decision-making authority, regular parenting schedules and the growing variety of 50/50 custody arrangements.

They explain the differences between week-on/week-off, 2-2-5-5 and 2-2-3 schedules, why some arrangements create more confusion than stability and how work schedules, school locations, commuting distances and a child’s age can affect what is practical.

The team also discusses why there may be no true “standard” parenting schedule and why parents should focus less on counting days and more on creating a plan that genuinely works for their children.

⏱️ Chapters

00:00 – Welcome to Lawyers Without Billboards
02:09 – Is a parenting plan required in Georgia?
03:38 – The paperwork involved in a divorce with children
05:20 – Why self-represented parents often struggle with the process
08:13 – What a parenting plan actually covers
09:01 – Understanding legal custody
10:40 – Final decision-making authority
11:08 – The four major areas of parental decision-making
11:51 – Technology, smartphones and social media
12:45 – Dividing medical, educational and other decisions
13:42 – When parenting plans become too complicated
15:50 – Regular parenting time versus holiday parenting time
17:09 – What is considered a “standard” custody schedule?
17:28 – How parenting schedules have changed over time
18:36 – When judges favor 50/50 custody
20:48 – Why parenting schedules must fit real life
21:45 – Work schedules, commuting and distance between parents
23:16 – The trend toward expanded parenting time
23:36 – Why living near your co-parent can matter
25:28 – Different versions of 50/50 custody
25:36 – How a 2-2-5-5 schedule works
25:55 – How a 2-2-3 schedule works
27:21 – Week-on/week-off custody
27:41 – Parenting schedules for younger children
28:49 – Focusing on what is best for the child
29:54 – More parenting-plan topics still to come

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis

 🎧 Watch here: https://youtu.be/w-0pd0MJ_ko or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

The Lawyers Without Billboards team returns for Part 2 of its discussion about courtroom objections.

Steve, Patty, Jimmy and Alexa break down asked and answered, argumentative questions, assumes facts not in evidence, authentication, foundation, best evidence, counsel testifying, compound questions, cumulative evidence, speculation and leading questions.

They also explain why an objection must be made at the right time, how emails and text messages are authenticated, when repetitive witnesses become cumulative and why lawyers are sometimes allowed to ask leading questions.

Naturally, the episode also includes childhood candy, a military office prank and one highly memorable poop emoji introduced into evidence.

⏱️ Chapters

00:00 Introduction
01:26 Childhood candy favorites
02:40 A military office prank
06:33 Courtroom Objections Part 2
07:12 Waiving an objection
08:23 Ambiguous questions
09:09 Argumentative questions
11:15 Asked and answered
13:14 Assumes facts not in evidence
15:48 Authentication
17:05 Authentication vs. foundation
18:34 Authenticating emails
21:15 Authenticating text messages
23:27 The best evidence rule
25:17 Summaries and financial records
26:38 Counsel testifying
27:54 Compound questions
28:43 Cumulative evidence
30:26 Speculation
32:27 Leading questions
36:17 Closing thoughts

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis

 🎧 Watch here:  https://youtu.be/bcmmcNyrIZY or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Georgia has a fresh batch of laws on the books, and some are more surprising than others.

In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy, and Alexa break down several notable new Georgia laws, including expanded protections for service dogs, changes to the Safe Haven law, new rules for cash rounding if pennies disappear, tougher penalties for signal jammers, and a publicly searchable animal cruelty database.

The conversation also covers increased penalties for gift card fraud, human trafficking, and improper sexual conduct by clergy, along with Georgia’s new protections for political expression by public school students.

As always, the team explores what the laws actually say, why lawmakers may have passed them, and the practical questions that could arise once they are enforced.

⏱️ Chapters

00:00 Welcome to Lawyers Without Billboards
01:02 Why many Georgia laws take effect July 1
02:33 New protections for service dogs
06:45 Penalties for harming a service dog
09:30 How the podcast is reaching potential clients
10:08 Georgia’s expanded Safe Haven law
11:32 Georgia’s new cash-rounding law
14:49 Magistrate Court limits increase
15:17 Signal jammers become a felony
16:42 New criminal provisions involving clergy
18:13 Georgia’s animal cruelty database
21:13 Human trafficking and pimping penalties
21:37 New gift card fraud offenses
23:38 Political expression in Georgia public schools
25:53 Political clothing, school dress codes, and free speech
30:12 Final thoughts

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis

 🎧 Watch here: https://youtu.be/QjjqbTgCDMM or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

One bad click can create a very expensive problem for a law firm.

Steve, Alexa, and Jimmy welcome attorney and cybersecurity professional Lawton Brown of Exigent to discuss the growing cyber threats facing law firms of every size.

Lawton explains why compromised law firm email accounts can spread malware to clients and opposing counsel, how artificial intelligence is making phishing attempts more convincing, and why attorneys may have an ethical duty to take reasonable steps to protect confidential client information.

They also discuss cyber liability insurance, ransomware payments, cloud security, compromised charging cables, the risks of placing client information into free AI tools, and the potentially devastating cost of a data breach.

Lawton shares the story of a small company that faced nearly $1 million in expenses following a ransomware attack and explains why cyber insurance may deny coverage when a business has failed to follow the security requirements contained in its policy.

The conversation eventually turns to Shewmaker & Lewis’s ongoing devotion to WordPerfect, unrealistic computer hacking scenes in movies, WarGames, The Matrix, Star Wars, and the urgent need for a system that automatically deletes Steve’s browser history. 

⏱️ Chapters

00:00 Welcome and introductions
00:41 Meet Lawton Brown
03:13 Lawyer turned cybersecurity professional
06:09 The old law firm server and the move to the cloud
09:55 When hacked law firms send dangerous emails
10:42 Cybersecurity negligence and legal ethics
12:20 Practical email security protections
15:42 The limitations of cyber liability insurance
17:40 Ignoring known security vulnerabilities
19:53 Why small firms are attractive targets
21:31 Cloud servers versus local servers
23:51 What a data breach can cost
25:27 The realities of ransomware
27:00 The battle over WordPerfect
31:57 Hacking in movies versus real life
33:33 Real-world hacking techniques
36:16 Why most attacks begin with email
37:35 Movies the hosts cannot stop watching
40:32 A serious Star Wars technology debate
41:33 Final advice for law firms

📩 Connect with Lawton Brown:

Lawton Brown is an attorney and cybersecurity professional with Xogent, helping law firms and businesses protect their systems, confidential information, and day-to-day operations.

Website: www.xogent.com
Office: (678) 208-8866

To learn more about Xogent’s cybersecurity and managed IT services, visit the website or contact Lawton directly.

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/gQl6xcSkRt8 or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

What can your spouse ask for during divorce discovery, and what happens if you refuse to answer?

Discovery is the process attorneys use to gather documents, sworn answers, testimony, and other information that could affect a divorce, custody, alimony, child-support, or modification case. Although it can sound dry, discovery is often where a case’s most revealing evidence emerges.

In this episode of Lawyers Without Billboards, the attorneys at Shewmaker & Lewis explain:

• What discovery means in a divorce case
• How soon discovery should begin
• Georgia’s general discovery timeline
• Requests for production of documents
• Interrogatories and the 50-question limit
• Requests for admission and what happens if you miss the deadline
• How admissions can be used during cross-examination
• When depositions are worth the expense
• Whether depositions are sometimes used to intimidate
• When a discovery request is overly broad, irrelevant, or privileged
• How protective orders can limit improper discovery
• What must happen before filing a motion to compel

The discussion includes real cases involving vehicle trackers, staged photographs, hundreds of requests for admission, expensive depositions, copy-and-pasted discovery demands, and disagreements over what qualifies as a proper discovery conference.

⏱️ Chapters

00:00 Introduction
00:42 Is discovery really a “necessary evil”?
01:15 What is discovery?
01:51 When discovery begins and how long it lasts
03:43 Tracking discovery deadlines
04:36 Requests for admission explained
06:18 Trackers, photographs, and strategic admissions
08:18 Can someone send hundreds of admissions?
11:01 Using admissions for impeachment
11:39 Document requests and interrogatories
14:59 What happens during a deposition?
17:11 Can a deposition be used to intimidate someone?
19:14 Can you object to discovery?
20:21 Privilege, burden, relevance, and time limits
22:19 When to seek a protective order
24:34 Motions to compel and Rule 6.4 conferences
28:44 Final thoughts and the next episode

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/C3JsQdPcXZU or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

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Welcome back to Lawyers Without Billboards!

Many people think the divorce is over once the judge signs the final decree. In reality, that's often when some of the most important work begins.

In this episode, Steve, Patty, Jimmy, and Alexa discuss the critical post-divorce steps that can make the difference between a smooth transition and years of unnecessary headaches. From transferring property and dividing retirement accounts to handling military pensions, refinancing vehicles, and selling the marital home, they explain why "done" doesn't always mean done.

They also discuss what options may exist if you're unhappy with a final divorce order, including motions for new trial, motions to set aside, and appeals, along with the strict deadlines that can affect your rights.

Whether you're going through a divorce or simply want to understand what happens after the courtroom, this episode offers practical insights from attorneys who deal with these issues every day.

⏱️ Chapters

 00:00 Introduction
 00:47 Why the End of a Divorce Isn't Really the End
 02:50 The "Post-Divorce Cleanup" Checklist
 04:03 QDROs, Military Pensions & Property Transfers
 05:00 Selling the Marital Home After Divorce
 08:18 Questions Every Client Should Ask Their Attorney
 09:27 Creating a Post-Divorce Action Plan
 10:40 Common Mistakes That Create Future Problems
 12:44 Managing Post-Judgment Tasks Efficiently
 14:15 What If You Disagree With the Judge?
 15:05 Motions for New Trial Explained
 16:32 Motions for Reconsideration & Term of Court
 18:25 Motions to Set Aside a Divorce Judgment
 20:20 Appeals and Critical Deadlines
 21:47 Final Takeaways for Attorneys and Clients
 24:01 Closing Thoughts 

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/wwbE9BYRgRI or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

What does it actually mean when a lawyer stands up and says, "Objection"?

In this episode of Lawyers Without Billboards, the attorneys at Shewmaker & Lewis explain one of the most recognizable parts of any courtroom proceeding. They discuss why objections exist, how they protect the fairness of a trial, and what judges consider when deciding whether to sustain or overrule an objection.

The conversation covers several of the most common objections, including relevance, hearsay, leading questions, and questions that assume facts not in evidence. Along the way, the hosts share memorable courtroom stories, practical trial tips, and insights into how experienced litigators use objections strategically without disrupting the flow of a case.

Whether you're preparing for law school, actively practicing law, or simply fascinated by courtroom procedure, this episode provides a practical introduction to one of the most important tools in trial advocacy.

In this episode:

•  Why courtroom objections exist 
•  What makes an objection valid 
•  Sustained vs. overruled explained 
•  Common evidentiary objections 
•  Relevance 
•  Hearsay 
•  Leading questions 
•  Assumes facts not in evidence 
•  Trial strategy and objection techniques 
•  Real courtroom stories from experienced litigators

⏱️ Chapters

 00:00 Introduction
 01:26 What is an objection?
 03:32 Why lawyers object in court
 04:40 What makes a valid objection?
 05:40 Sustained vs. overruled
 08:56 A courtroom story about objecting
 11:15 Common objections every lawyer knows
 11:35 Relevance
 15:35 Leading questions
 17:35 Assumes facts not in evidence
 18:20 Should lawyers cite the rule number?
 22:25 When objections rely on case law
 24:20 A practical trial strategy
 25:20 Judge Greg Adams' famous "I sustain the objection"
 28:35 Final thoughts 

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/UyRn2v5SiuI or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

What exactly is hearsay, and why do courts spend so much time arguing about it?

In this episode, the attorneys of Shewmaker & Lewis tackle one of the most confusing concepts in the legal world. They explain how hearsay is defined, why courts generally exclude it, and what makes certain out-of-court statements reliable enough to be admitted as evidence.

The conversation covers practical courtroom examples, the importance of cross-examination, common hearsay exceptions, business records, admissions by a party opponent, and the strategic decisions lawyers face when deciding whether to object.

Whether you're involved in a legal case, interested in trial strategy, or simply curious about how courts determine what evidence can be trusted, this episode provides a clear and entertaining introduction to the law of hearsay.

⏱️ Chapters

00:00 Introduction
01:28 What Is Hearsay?
04:22 Breaking Down the Legal Definition
06:12 Why Courts Distrust Hearsay
08:03 Jimmy, Porky the Pig, and a Hearsay Example
12:23 When Hearsay Comes In Anyway
15:07 Prior Statements and Witness Testimony
18:22 Admissions by a Party Opponent
22:22 Why Hearsay Exceptions Exist
24:08 Present Sense Impression
26:31 Excited Utterance
28:47 Business Records Exception
31:16 Real-World Courtroom Practice
32:31 Wrapping Up and Hearsay Part 2

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/UyRn2v5SiuI or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

What exactly does a judicial officer do in Fulton County Family Court?

In this episode of Lawyers Without Billboards, Steve, Patty, and Jimmy sit down with Judge Scott Kaye, one of Fulton County's most experienced judicial officers, to pull back the curtain on how family court really works.

Judge Kaye explains the purpose of 30-day, 60-day, and 120-day status conferences, how temporary hearings and contempt actions are handled, and why Fulton County's specialized Family Division often moves cases much faster than other courts.

The conversation also explores what qualifies as a true family law emergency, how Zoom hearings changed the court system, and some of the most memorable courtroom moments Judge Kaye has witnessed along the way.

Along the way, the group dives into legal movies, divorce stories, bad movies, courtroom decorum, and why showing up to court from your bathtub is never a good idea.

In this episode:
 ✅ What a judicial officer does
 ✅ How Fulton County Family Court operates
 ✅ 30-day, 60-day, and 120-day status conferences
 ✅ Temporary hearings and contempt actions
 ✅ Emergency motions in family law cases
 ✅ Zoom court etiquette and courtroom decorum
 ✅ Common mistakes litigants make
 ✅ Why Fulton County cases often move faster 

⏱️ Chapters

00:00 Introduction
00:42 Meet Judge Scott Kaye
02:57 From Emory to Family Law
05:35 What Is a Judicial Officer?
07:08 Why Fulton County Has a Family Division
09:53 Understanding Status Conferences
11:24 What Cases Judicial Officers Hear
13:15 What Litigants Need to Know About Court
14:00 Zoom Court Horror Stories
15:13 Courtroom Decorum for Attorneys
18:55 How Fulton County Created Zoom Court
19:48 Why Fulton Handles So Many Family Law Cases
20:18 Judge Kaye's Life Outside the Courtroom
21:15 Favorite Legal and Divorce Movies
24:00 Is Kill Bill the Ultimate Baby Mama Drama?
25:51 The Best Judicial Officers in Fulton County
27:30 Memorable Family Law Cases
31:00 Children of the Underground & Family Court Emergencies
33:00 What Really Qualifies as an Emergency?
35:10 The Famous Fulton County 1000-4 Rule
39:50 Fulton vs. Gwinnett Family Court
41:40 What Attorneys Should Know About Judge Kaye
44:05 Final Thoughts

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis
 🎧 Watch here: https://youtu.be/RGv9SBr_N1g or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: [email protected]
| (770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA