How courts have interpreted the phrases "ability to pay" and "outweighs the detrimental consequences" under 11 U.S.C. s. 523(a)(15)(A) and (B) of the Bankruptcy Code in cases involving non-dischargeable divorce obligations

Article Abstract:

The Bankruptcy Code makes most debt dischargeable under 11 USC 523(a)(15)(A) and (B) except for certain obligations arising from divorce settlements, including child support, maintenance and alimony pursuant to section 523(a)(5). Section 523(a)(15)(A) also allows a debtor to not pay support, maintenance and alimony if debtors will suffer more than their creditors will benefit from payments. Debt owed to one ex-spouse by another may be dischargeable if the debt reflects a typical debitor/creditor transaction and does not arise from the marriage relationship.

Support (Domestic relations)

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Perceptions and misperceptions of reaffirmation agreements

Article Abstract:

The proper role of reaffirmation agreements in bankruptcy cases can only be resolved after serious consideration of the policies underlying US Bankruptcy Code subsections 524(c) and (d). The outcome of such consideration will determine whether the law protects creditor rights or ensures debtors in bankruptcy fresh starts. 1997 case law and recommendations of the Bankruptcy Review Commission are evidence of the salience of this unresolved issue.

Cases, Debtor and creditor

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Disaffirming reaffirmation

Article Abstract:

The procedure for reaffirming otherwise dischargeable debts under the Bankruptcy Code is outlined. Topics include the history of reaffirmation and the trend toward increased scrutiny of reaffirmation agreements by bankruptcy courts.

United States

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