Debts, Divorce, and Disarray in Bankruptcy

Abstract

This article examines the state and federal laws that govern the rights of former spouses and third-party creditors in cases [. . .] where debts incurred during marriage are allocated at the time of divorce to a spouse who subsequently declares bankruptcy. The legal relationships established among the parties in these circumstances, under all of the relevant federal and state doctrines, are complex. This article examines and attempts to solve the recurring analytical problems that have arisen in cases where the spouse to whom marital debts were allocated at the time of divorce subsequently declares bankruptcy.

Keywords: divorce, bankruptcy, marital debts, allocation of marital debts, marital creditors