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Displaying Journal Articles with Column Consumer Corner

Fraud
Domestic Violence, Bartenwerfer and the Ninth Circuit

Domestic Violence, Bartenwerfer and the Ninth Circuit By Prof. Angela Littwin Bankruptcy professionals might be surprised to learn that there is a major connection between consumer debt and domestic violence. Abusers in violent relationship…

AL Angela Littwin
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Dec
2025
Consumer Bankruptcy Discharge/Dischargeability
The Rest of the Story, Sugar

The Rest of the Story, Sugar By Hon. Elizabeth L. Gunn and Olivia Woodmansee In March 2025, when the Fourth Circuit reversed the dismissal of a chapter 13 debtor’s case with prejudice after she sold her home post-petition without a prior co…

EG Elizabeth L. Gunn OW Olivia Woodmansee
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Nov
2025
Consumer Bankruptcy Consumer Debt
Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5)

Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5) By Maxwell Milavetz and Sarah Laybourne Cross-collateralized loans are attractive to creditors who can leverage equity in one piece of collater…

MM Maxwell Milavetz SL Sarah Laybourne
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Sep
2025
Claims Consumer Bankruptcy Mortgage
Broad Scope, or Slippery Slope? Justification of Johnson

Broad Scope, or Slippery Slope? Justifications of Johnson By Jeffrey Fraser In Johnson v. Home State Bank, 1 the U.S. Supreme Court rendered a seemingly benign ruling regarding the impact of a chapter 7 discharge on a mortgage claim, conclu…

JF Jeffrey S. Fraser
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Jun
2025
Claims Consumer Bankruptcy Discharge/Dischargeability Family/Divorce Issues
The Army’s Dependent Support Requirement: A DSO Under Title 11?

The Army’s Dependent Support Requirement: A DSO Under Title 11? By John R. Serrano 1 Staff Sergeant (SSG) Snuffy serves on active duty in a stateside military installation. He is married and has one child. The U.S. Army provides him with an…

JS John Ross Serrano
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May
2025
Consumer Bankruptcy
The Marital Adjustment: What Is It, and Should It Be Fixed?

The Marital Adjustment: What Is It, and Should It Be Fixed? By Julie Philippi Prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a chapter 7 case could be dismissed if the filing was deemed to be a substa…

JP Julie Philippi
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Apr
2025
BAPCPA at 10 Bankruptcy Litigation Consumer Bankruptcy Consumer Debt
Dazed and Confused: Circuit Splits Regarding Retirement Contributions in Chapter 13 Cases

Dazed and Confused: Circuit Split Regarding Retirement Contributions in Chapter 13 Cases By Hon. Paul R. Hage and Kelley M. Donnelly This article examines § 541(b)(7) of the Bankruptcy Code, a provision that has been characterized as “awkwa…

KD Kelley M. Donnelly PH Paul R. Hage
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Mar
2025
Consumer Bankruptcy Consumer Debt Discharge/Dischargeability
Student Loan Discharge: Where Are We Headed?

Student Loan Discharge: Where Are We Headed? By Stacy Lutkus The discharge and forgiveness of student loan debt has long 1 been a contentious topic, both inside and outside of bankruptcy circles. With escalating student loan debt levels 2 a…

SL Stacy A. Lutkus
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Feb
2025
Legislation Consumer Bankruptcy
The HAVEN Act Goes to Kindergarten: Lessons and Opportunities Five Years In

The HAVEN Act Goes to Kindergarten:Lessons and Opportunities Five Years In By Katherine Everett Iskin On Aug. 23, 2019, Public Law No. 116-52, 133 Stat. 1076, titled “Honoring American Veterans in Extreme Need” (HAVEN) Act, became law. Its …

KI Katherine Everett Iskin
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Jan
2025
Practice and Procedure Consumer Bankruptcy Discharge/Dischargeability
Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water By Andrew S. Erickson It is common for a chapter 7 panel trustee to review hundreds of pages of financial records along with the petition and schedules for any given consume…

AE Andrew S. Erickson
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Nov
2024

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