Bankruptcy in divorce: The litigation tactic of the angry spouse |
| |
Authors: | Angel Semerdzhiev |
| |
Affiliation: | 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 |
|