A tug of war: state divorce courts versus federal bankruptcy courts regarding debts resulting from divorce

Article Abstract:

This article details the conflicts that often arise between divorce courts and bankruptcy courts. It discusses the jurisdictional questions as well as offering guidance to people going through such dual proceedings. The article concludes by proposing reforms that would help resolve the conflicts.

Laws, regulations and rules, Practice, Powers and duties, Jurisdiction, Family law, Bankruptcy courts, Family courts

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An analysis of state-wide variation in bankruptcy rates in the United States

Article Abstract:

The results of a study of state-by-state bankruptcy filing rates in 1980 and 1991 are analyzed. Topics include the large variations in rates among the states and the role of economic variables in explaining these variations.

Comparative analysis, Bankruptcy

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Calling a fraud a fraud: why Congress should not adopt a uniform cap on homestead exemptions

Article Abstract:

The author outlines the history of state homestead exemption laws and their use by bankrupt creditors to shelter assets. Possible solutions to the creditor fraud problem are discussed.

Interpretation and construction, Homestead law, Homestead laws

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