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 relationships are using fraud and coercion
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 court order and in violation of
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 collateral toward security interests
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, concluding that a chapter 13
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 allowance for housing based
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 substantial abuse of the process. 1
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 “awkward,” a “gordian knot” and
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 focus of national attention
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 legislative history reflects
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 consumer chapter 7 case prior to the