Conversion Does Not Create Indentured Servitude or Peonage Why Eeyore Would Be Disappointed By Justin Farishon The Thirteenth Amendment to the U.S. Constitution, ratified in 1865, prohibits involuntary servitude in the U.S. and “any place s…
Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankrupt…
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…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit c…
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…
Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfa…
Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting By Connor D. Hicks The U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) on May 14, 2018. 1 PASPA had largel…
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…
Bankruptcy Fraud: Still a Threat to the Bankruptcy Process By Elise Mochizuki The recent increase in both consumer and corporate bankruptcy filings is expected to include significant bankruptcy fraud and/or abuse. With the goal of empowerin…
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…