default judgment from challenging the enforceability of the contract. Finally, the Court must decide whether the contract is enforceable. If the contract is unenforceable, then there is no debt upon which the Plaintiff may maintain its complaint for an exception to the discharge. See Mandalay Resort Group v. Miller (In re Miller), 292 B.R. 409, 412 (9th Cir. BAP 2003) (“Absent an enforceable prepetition debt, there is no debt to except from discharge.”) The answer is found in 37 U.S.C. § 701(c), which states that “[a]n enlisted member of the Army, Navy, Air Force, or Marine Corps may not assign his pay, and if he does so, the assignment is void.” 37 U.S.C. § 701(c). Military retirement is considered “pay.” See Barker v. Kansas, 503 U.S. 594, 605, 112 S.Ct. 1619, 118 L.Ed.2d 243 (1992) (<HOLDING>) Based upon the plain language of § 701(c), the
holding that military retirement benefits are to be considered deferred pay for past services holding that retirement benefits are marital property because they would be a form of deferred compensation funded by money earned during the parties marriage holding that military retirement benefits are current pay and thus significantly different than other retirement benefits holding that  disposable retirement pay  from military pension was equal to gross retirement pay less federal income taxes holding that retirement benefits are accrued benefits under erisa