A Guide to Spousal Support and Property Division Claims Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Lawyers who do not do a lot of bankruptcy work may not be quite sure where things stand on the difference between a spousal support debt and a property division debt (other marital debt) under the new bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). This article provides an overview of the provisions of the new act and highlights the differences between the new and the old act, the Bankruptcy Reform Act of 1994 (BRA 1994), as they pertain to spousal support and property division debts