Debts, Divorce, and Disarray in Bankruptcy

53 Pages Posted: 9 May 2009

See all articles by Margaret M. Mahoney

Margaret M. Mahoney

University of Pittsburgh - School of Law (Emeritus)


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

Suggested Citation

Mahoney, Margaret M., Debts, Divorce, and Disarray in Bankruptcy. University of Missouri-Kansas City Law Review, Vol. 74, 2004, U. of Pittsburgh Legal Studies Research Paper, Available at SSRN:

Margaret M. Mahoney (Contact Author)

University of Pittsburgh - School of Law (Emeritus) ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1433 (Phone)
412-648-2649 (Fax)


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