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.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities

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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.

states

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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.

Planning, A.B.A. Section of Family Law

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