Rochellel's Daily Wire

October 25, 2017

Section 1326(a)(2) Overrides a Levy Under State Law

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

4th Circuit, Virginia

September 01, 2017

Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing

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

4th Circuit, Maryland

March 31, 2017

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

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

4th Circuit

March 14, 2017

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

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

4th Circuit, North Carolina, North Carolina Western District

March 03, 2017

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

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

4th Circuit

February 09, 2017

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

4th Circuit, North Carolina, North Carolina Eastern District

February 02, 2017

Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

4th Circuit

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District

January 20, 2017

Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says

Escrows and miscellaneous proceeds held to be real property, not additional collateral.

4th Circuit

January 06, 2017

On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds

Deadlines for direct appeal to the circuit are procedural, not jurisdictional.

4th Circuit