September 10, 2018

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

4th Circuit

May 29, 2018

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.

4th Circuit

May 11, 2018

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

4th Circuit

May 08, 2018

Three Circuits Approve Extraterritorial Application of a State’s Exemptions

Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.

4th Circuit

April 10, 2018

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

4th Circuit, North Carolina, North Carolina Eastern District

April 02, 2018

Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.

4th Circuit

March 16, 2018

Judge Harner Pens a Primer on the Elements of an Executory Contract

Unperformed obligations must be ‘material’ for a contract to be executory.

4th Circuit, Maryland

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

February 23, 2018

Solvency May or May Not Result in Dismissal

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

4th Circuit

February 14, 2018

Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court

Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.

4th Circuit, Virginia, Virginia Western District