Rochellel's Daily Wire

August 29, 2016

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit

August 19, 2016

Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value

Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.

4th Circuit, North Carolina, North Carolina Eastern District

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 05, 2016

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

4th Circuit, Virginia, Virginia Eastern District

April 29, 2016

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

4th Circuit

April 14, 2016

Romance Can Lead to Marriage, but Not to a Nondischargeable Debt

Infatuation negates reliance in alleged fraud between lovers.

4th Circuit, Maryland

January 28, 2016

Fourth Circuit Fixes One Issue of Tax Lien Subordination under BAPCPA

Fourth Circuit cleans up one mess Congress made with BAPCPA.

4th Circuit

January 25, 2016

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges

Debtors once again stuck paying post-filing condo charges on abandoned home.

4th Circuit, North Carolina, North Carolina Eastern District

January 21, 2016

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit, Virginia, Virginia Western District