Taming the Pernicious Creature that Is § 523(a) (15) of the United States Bankruptcy Code

Authors

Jeffrey Margolin, Benjamin N. Cardozo School of Law

Abstract

The note examines the complexities of Section 523a(15) of the U.S. Bankruptcy Code, focusing on the dischargeability of debts related to divorce, particularly property settlements. It critiques the legal handling of such debts, emphasizing the need for a more equitable approach. The analysis highlights historical context, judicial interpretations, and the impact of burden of proof placement on ex-spouses, especially women, advocating for a consistent and fair application of the law to balance the interests of debtors and creditors.

Disciplines

Bankruptcy Law | Law | Law and Gender

Recommended Citation

Jeffrey Margolin, Taming the Pernicious Creature that Is § 523(a) (15) of the United States Bankruptcy Code, 8 Cardozo J. Equal Rts. & Soc. Just. 45 (2001).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol8/iss1/5