At the intersection of bankruptcy and divorce: property division debts under the Bankruptcy Reform Act of 1994

Article Abstract:

Clear guidelines need to be implemented to ensure that courts carry out the remedies that Congress intended when it enacted section 523(a)(15)(B) of the Bankruptcy Code under the Bankruptcy Reform Act of 1994. Section 523(a)(15)(B) was intended to prevent a divorced person from avoiding property division debts through discharge in bankruptcy and imposing the debt on an ex-spouse, but courts have been applying the law inconsistently. Guidelines are needed to ensure that courts focus on bad faith, state court findings and the relative economic conditions of the two spouses.

Interpretation and construction, Bankruptcy law, Divorce settlements

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New York Correction Law section 24: no bar to prisoners' rights

Article Abstract:

Section 24 of the New York Correction Law should not be interpreted as a bar on suits against Department of Correctional Services employees because the legislature has chosen to indemnify the workers and not grant them immunity. Assuming the law requires suits to proceed only against the state would make it impossible for prisoners to bring some claims to federal court under supplemental jurisdiction because of the 11th Amendment. The legislative intent was to indemnify correctional personnel and not to abridge the legal rights of prisoners.

Cases, Employer liability, Malpractice, Prisoners, Supplemental jurisdiction, Correctional personnel, New York (State)

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