January 19, 2022
Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 09, 2021
Interest Not Required on 100% ‘13’ Plans that Don’t Commit All Disposable Income
Treaties disagree on whether interest is required in 100% chapter 13 plans when the debtor is not devoting all disposable income to the plan.
4th Circuit, South CarolinaNovember 22, 2021
Johnson & Johnson Venue Transferred from North Carolina to New Jersey
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
4th Circuit, North Carolina, North Carolina Western DistrictNovember 02, 2021
To Count in Subchapter V, Loans Need Not Benefit Only the Small Business Debtor
If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”
4th Circuit, MarylandOctober 22, 2021
Fourth Circuit Would Discharge CERCLA Claims if Pollution Occurred Before Filing
Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
4th CircuitOctober 19, 2021
Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
4th Circuit, South CarolinaOctober 06, 2021
Over-the-Top Allegations of Stay Violation Bring $10,000 Sanction for Violating Rule 11
Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.
4th Circuit, South CarolinaAugust 11, 2021
NC Appellate Court Rules Plans Must Be Unambiguous to Hold a Creditor in Civil Contempt, Citing Taggart
After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.
4th Circuit, North Carolina, North Carolina Eastern DistrictJuly 06, 2021
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit, MarylandJune 10, 2021
Unlike IRAs, Debtors Keep Inherited 401(k)s Because They Aren’t Estate Property
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
4th Circuit, North Carolina, North Carolina Western District