Gelding the Lily: How the Bankruptcy Code's Promotion of Marriage Leaves it Impotent

Abstract

This Article challenges benefits in the Code that are reserved for married debtors as limiting the Code's power and ability to achieve its primary objective – providing all honest debtors with a fresh start. As the institution of marriage continues to evolve and marriage rates in America steadily decline, economic laws such as the Bankruptcy Code can no longer rely on marriage as an indicator of financial interdependence. This Article suggests several ways that the Code may be revised to eliminate marriage and restore power to the Code's benefits.