Does the presumptive nature of the marital property legislation apply to the provability of the family property claim in bankruptcy?

But, the presumptive nature of the marital property legislation is not the only factor that informs whether or not a claim is “not too uncertain” to be provable in bankruptcy. The circumstances of the case are also relevant. Or, as put in another case: The only other qualifier that could be applied to the provability of the family property claim relates to the possibility that judicial discretion might be exercised in such a way that the claim’s value cannot be fully determined without a trial. … (Shirkie v. Shirkie, supra at para. 27)