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Home
January 30, 2025
In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers
For a sale ‘free and clear,’ nondebtors can be enjoined from suing.
4th Circuit
,
Virginia
,
Virginia Eastern District
October 16, 2024
Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims
Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.
4th Circuit
,
Virginia
,
Virginia Eastern District
March 24, 2023
‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home
One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.
4th Circuit
,
Virginia
,
Virginia Eastern District
April 07, 2022
‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
4th Circuit
,
Virginia
,
Virginia Eastern District
November 29, 2016
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
4th Circuit
,
Virginia
,
Virginia Eastern District