Family Law and Bankruptcy Pt. 1

By Michaela M. White, Professor of Law, Creighton Law School

The Basics

Prior to the 2005 amendments, a key concept was “alimony, maintenance and support” owed to a “spouse, former spouse or child of the debtor” and “not assigned to another entity, whether voluntarily, involuntarily or by operation of law.” To constitute “alimony, maintenance or support,” the obligation had to be in the nature of support as opposed to a property settlement debt or obligation. Henry J. Sommer & Margaret Dee McGarity, Collier Family Law and the Bankruptcy Code, (Collier Family Law)¶ 6.03[1] (Matthew Bender).

The . . .

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