The dischargeability of marital obligations: three justifications for the repeal of s. 523(a)(15)
Article Abstract:
Bankruptcy Code section 523(a)(15), enacted under the Bankruptcy Reform Act of 1994, does not provide a viable solution to the problem of dischargeability of marital obligations. The section makes property settlements non-dischargeable, but fails to address the impractical distinction between property and support. A better tactic would have been to abandon the distinction by ruling out discharge for all marital obligations. Alternatively, Congress could have provided definite standards for distinguishing between property and support in relation to marital settlements.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
When an ex-spouse goes bankrupt: new rules help keep financial obligations intact under divorce decrees
Article Abstract:
The Bankruptcy Reform Act of 1994 makes it more difficult for ex-spouses to use bankruptcy to avoid financial obligations to their former spouses. The type of obligation strongly affects whether it is dischargeable via bankruptcy, with alimony, child support, maintenance, and their equivalents not dischargeable. Debts regarding property division may be discharged, however, unless a complaint is promptly filed in bankruptcy court. Interests in property should be awarded to both spouses in a divorce.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
All in the family; colleague's case spurs efforts to end immunity for international companies
Article Abstract:
The International Organizations Immunities Act, which grants more than 70 international organizations immunity from state court jurisdiction so they can more effectively conduct their work in this country, has the unwelcome side effect of letting let undeserving ex-spouses evade paying support. The ABA Section of Family Law urged Clinton administration officials to limit this immunity.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Peace in the war between federal antitrust notification and bankruptcy asset sales? A survey of the reformed s. 363(b)(2)(B)
- Abstracts: Justiciability. Standing in the way of separation of powers: the consequences of Raines v. Byrd. Federal statutes and regulations
- Abstracts: Arbitration improves the justice system. The role of arbitration in the field of patent law. Intellectual property disputes: arbitrating the creative
- Abstracts: Juridic Park - traps and illusions of harmonization (a work of legal fiction). part 2 Issues arising under an 18 month publication regime: the initial public response in light of EPC and PCT practice
- Abstracts: Possible defenses to complaints for copyright infringement and reverse engineering of computer software: implications for antitrust and I.P. law