Bankruptcy in divorce: The litigation tactic of the angry spouse

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.