August 26, 2024
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
4th Circuit, Maryland
August 19, 2024
Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.
4th Circuit
August 02, 2024
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
4th Circuit
July 03, 2024
The federal appeals court brushed aside technicalities under state criminal law in deciding that an order for restitution was not discharged under Section 1328(a)(3).
4th Circuit
June 24, 2024
Judge Huennekens explained that a church’s immunity for receipt of a constructively fraudulent transfer only applies if the transferor was an individual and the transferor was the debtor.
4th Circuit, Virginia, Virginia Eastern District
May 15, 2024
Whether orders in contested matters are ever appealable is in doubt after a Fourth Circuit decision that declined to follow contrary opinions by bankruptcy appellate panels.
4th Circuit
