Divorce after the Bankruptcy Reform Act of 1994: Can You Stay Warm after You Split the Blanket
Loading...
Authors
White, Michaela M.
Issue Date
1996
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|On October 22, 1994, President Bill Clinton signed into law the most comprehensive amendments to the Bankruptcy Code ("Code") since the Code's enactment in 1978. This legislation, the Bankruptcy Reform Act of 1994 ("1994 Amendments"), contains extensive changes of major importance to both commercial and consumer bankruptcy practitioners. This Article concerns the 1994 Amendments of particular relevance to consumer bankruptcy and family law specialists - those reforms dealing with marital obligations in bankruptcy. These reforms fall into five broad categories: (1) the automatic stay, (2) exceptions to discharge, (3) priorities, (4) lien avoidance, and (5) preferences. The 1994 Amendments clearly evidence Congress' intention to ameliorate the often devastating effects the bankruptcy of a former spouse has on a creditor-spouse. To that end, Congress authorized more domestic relations actions and proceedings to be commenced or to continue without regard to the automatic stay. In its most significant reform, Congress established a new property settlement debt exception to discharge. In addition, Congress elevated certain unsecured support claims from the status of general unsecured claims to the status of seventh priority claims. Congress also placed important limitations on the debtor's ability to set aside judicial liens. Finally, Congress immunized certain support claimants from the trustee's preference attacks. These changes were undoubtedly intended to, and will in fact, improve the position of the domestic relations creditor in bankruptcy....
Description
Citation
29 Creighton L. Rev. 617 (1995-1996)
Publisher
Creighton University School of Law