Bankruptcy Litigation

Class Actions: The Answer for Stay Violations with Small Damages for Each Debtor

A class action in Chicago will decide whether bankruptcy judges have the tools to rectify a single creditor’s violation of the rights of similarly situated debtors.
9th Circuit Arizona Feb 5, 2025

Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’

A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
8th Circuit Minnesota Jan 13, 2025

Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
3rd Circuit New Jersey Nov 18, 2024

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

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

Betting on a Fresh Start? Gambling Debt Dischargeability in an Era of Online Sports Betting

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 largely made it unlawful for states

Benchnotes February 2025

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source