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Bankruptcy in divorce: The litigation tactic of the angry spouse |
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| Authors: | Angel Semerdzhiev |
| Institution: | Maurice A. Deane School of Law at Hofstra University, Hempstead, New York, USA |
| Abstract: | A matrimonial proceeding on its own is complex and can have far-reaching implications. Add in a spouse filing for bankruptcy in the midst of the proceeding, and the process becomes even further complicated and quite possibly hostile. This Note analyzes the bad-faith tactics of debtor spouses filing for bankruptcy in the middle of a divorce proceeding and proposes an amendment to the Bankruptcy Code that permits bankruptcy courts to dismiss bad faith petitions before they negatively impact divorce proceedings. |
| Keywords: | automatic stay bad faith bankruptcy community property debtor spouse dissolution of marriage divorce good faith lack of good faith marital assets matrimonial proceeding unsecured creditor |