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

by Professor Michaela M. White*

PART II - CONCURRENT JURISDICTION—THE “WHO, WHAT, WHERE AND HOW” OF MARITAL DEBT STATUS DETERMINATIONS

A Short Walk Down Memory Lane – Why and to Whom Marital Debt Status Determinations Mattered and How It Influenced Forum Choice Before 2005.

The treatment of family law obligations before 2005 was not necessarily “fairer” than now, but it sure was simpler. Support debts were nondischargeable in every chapter of the Code. Property divisions were dischargeable in all cases. At least initially, no priority treatment was accorded the . . .

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