Adams v. Volpitto (In Re Volpitto)

# Adams v. Volpitto: What Workers Should Know **What Happened** Anesthesia and Pain Medicine Associates sued Volpitto over unpaid 401(k) employer contributions. The employer claimed these contributions were required payments that couldn't be erased through bankruptcy. Volpitto filed for bankruptcy protection and argued the debt could be eliminated. **What the Court Decided** The court ruled in Volpitto's favor, allowing him to discharge (eliminate) the unpaid 401(k) contributions through bankruptcy. The judge found the employer failed to prove these contributions were truly mandatory under their agreement or business practices. **Why This Matters for Workers** This case highlights an important distinction: employers cannot simply claim retirement contributions are non-negotiable obligations that survive bankruptcy. Instead, courts examine the actual contract terms and practices. While this particular ruling helped the defendant avoid the debt, it also clarifies that workers should carefully review their employment agreements regarding retirement contributions. The takeaway is that courts will examine the fine print rather than accepting an employer's interpretation of what obligations exist.