State and Federal Concurrent Jurisdiction of the Dischargeability of Family Law Obligations

PART I

INTRODUCTION

My bankruptcy students are often surprised that the dischargeability of every debt is not always resolved by the time the case is closed. Those students are even more surprised to learn that state courts have concurrent jurisdiction with the bankruptcy courts to determine if most debts are dischargeable. After drawing their attention to section 523(c)(1), they express their dismay that such oblique language provides the statutory basis for concurrent jurisdiction. (Naturally, they also want to know if it will be on the exam!)

Section 523(c)(1) provides:

(c)(1 . . .

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