Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
At The Intersection Of Bankruptcy And Divorce: Property Division Debts Under The Bankruptcy Reform Act Of 1994, Meredith J. Harbach
At The Intersection Of Bankruptcy And Divorce: Property Division Debts Under The Bankruptcy Reform Act Of 1994, Meredith J. Harbach
Law Faculty Publications
Bankruptcy has long had unique implications for divorce settlements and debts between ex-spouses. Historically, some marital debts owed from one ex-spouse to another were excepted from the traditional policy of "discharge. " Bankruptcy law distinguished between debts in the nature of alimony, maintenance, and support, which were protected from discharge, and property division debts, which were not. This distinction often had harsh consequences for creditor ex-spouses. Reeently, Congress enacted the Bankruptcy Reform Act of 1994, in part to ameliorate this problem. The amended Bankruptcy Code providP..s better protection for some property division debts. In this Note, Ms. Johnson argues that …