"It is the underlying policy of the Bankruptcy Act to give the bankrupt a fresh start and to relieve him of pre-existing debts. In many instances the determination of what is alimony, [maintenance, and support] comes into direct conflict with this policy." Under the Act these debts are nondischargeable. Thus, in an attempt to construe the Act narrowly and uphold the underlying policy of fresh start, courts are faced with the problem of determining how to characterize marital obligations.
Gattuso, Christina Marie
"Comments: The Bankruptcy Reform Act of 1978: Dischargeability of Obligations Incurred under Property Settlements, Separation Agreements, and Divorce Decrees,"
University of Baltimore Law Review: Vol. 12
, Article 5.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol12/iss3/5