May 06, 2025
On Remand from the Supreme Court in Truck Ins., Fourth Circuit Upholds Confirmation
Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.
4th CircuitApril 23, 2025
A Homeowners’ Association Is Not a ‘SARE’ and Is Eligible for Sub V of Chapter 11
A homeowners’ association is not a single asset real estate debtor because the HOA’s income doesn’t come from the common areas but from assessments paid by unit owners.
4th Circuit, North Carolina, North Carolina Eastern DistrictMarch 26, 2025
Bankruptcy Judge Upheld: No Arbitration on Claims for Violating the Automatic Stay
Bankruptcy Judge Paul Black was affirmed in district court for holding that arbitration of claims for violating the automatic stay would conflict with the centrality of administration in bankruptcy cases.
4th Circuit, Virginia, Virginia Western DistrictMarch 14, 2025
Chapter 13 Debtors Can’t Sell Co-Owned Property Under Section 363(h)
On a question where the courts are split, Bankruptcy Judge Pamela McAfee sides with the majority and holds that a chapter 13 debtor can’t sell co-owned property.
4th Circuit, North Carolina, North Carolina Eastern DistrictJanuary 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 DistrictJanuary 23, 2025
Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses
Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.
4th CircuitDecember 18, 2024
Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot
District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.
4th Circuit, Virginia, Virginia Eastern DistrictNovember 14, 2024
Barring Use of an Online Payment Platform Was an Automatic Stay Violation
Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.
4th Circuit, MarylandOctober 21, 2024
Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold
Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.
4th Circuit, MarylandOctober 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 DistrictPagination
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- …
- Next › Next page
- Last » Last page