Displaying Journal Articles with Topic 4th Circuit

Congress created a loophole in the hanging paragraph in Section 1325(a).

Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.

Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.

Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.

Res judicata does not apply to ‘deemed allowed’ claims.

Judge follows statutory language that didn’t achieve the result Congress intended.

Financial professional was held to a higher standard in valuing estate assets.