Tuesday, January 9, 2007

Law Review Articles: Bankruptcy and Family Law

Daniel A. Austin, For Debtor or Worse: Discharge of Marital Debt Obligations Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,  51 WAYNE L. REV. 1369 (2005). This article provides an overview of the connection between divorce and bankruptcy including an analysis of the impact of the Bankruptcy Abuse Prevention and Consumer Protection Act (2005) changes to the 1978 Bankruptcy Code. The author predicts how the revisions are likely to be applied with respect to marital debt discharge. Link to Article

Jackie Gardina, The Perfect Storm: Bankruptcy, Choice of Law, and Same-sex Marriage, 86 B.U. L. REV. 881 (2006). This article analyzes choice of law issues likely to arise when bankruptcy courts consider property interests arising from same-sex marriages and civil unions. The author concludes that bankruptcy courts are not mandated to apply a forum state’s choice of law rules and that bankruptcy courts should instead apply the state law most consistent with underlying Bankruptcy Code policy. Link to Article on Westlaw

Anthony Michael Sabino, Violence of Action: the Bankruptcy Code, Domestic Relations Law, and the New War with State Probate Law, 19 QUINNIPIAC PROB. L.J. 264 (2006). This article discusses the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 focusing in part on automatic stay and dischargeability of debts arising from domestic relations proceedings. Link to Article on Westlaw

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