Consumer Bankruptcy

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

Protections for Consumers and Consumer Lawyers: The ESCRA

Protections for Consumers and Consumer Lawyers: The ESCRA By Edward Boltz Shortly after the commencement of the 119th Congress, Reps. Young Kim (R-Calif.) and Sarah McBride (D-Del.) introduced the Ending Scam Credit Repair Act (ESCRA) 1 to crack down on fraudulent

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

9th Circuit Hawaii Dec 17, 2024

Debt Held Nondischargeable as to Someone Who Didn’t Commit a Defalcation

Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
2nd Circuit Connecticut Dec 20, 2024

A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)

A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.