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Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(b)(1)(A) of the Bankruptcy

Complications of Interstate Exemption Law and Marriage By Edward Boltz and Lori Patton The consumer bankruptcy exemption scheme has always been complicated. Even when the whole nation operated under 11 U.S.C. § 522, each state had the option to decline the use of

In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.

Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2).