Rochellel's Daily Wire

April 14, 2021

Fourth Circuit Seems to Give the Government a Pass for Violating the Stay

Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.

4th Circuit

March 25, 2021

Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint

Serving a summons and complaint by certified mail is ineffective without a return receipt.

4th Circuit, West Virginia, West Virginia Southern District

March 24, 2021

Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts

Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).

4th Circuit, Maryland

December 15, 2020

The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed

Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.

4th Circuit, North Carolina, North Carolina Middle District

November 09, 2020

Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

4th Circuit, North Carolina, North Carolina Western District

October 13, 2020

Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

4th Circuit, North Carolina, North Carolina Western District

July 20, 2020

Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges

Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.

4th Circuit, North Carolina, North Carolina Eastern District

July 16, 2020

Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans

Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?

4th Circuit, North Carolina, North Carolina Eastern District

July 13, 2020

Three Judges Permit Redesignation under the SBRA, But with Qualifications

The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.

4th Circuit, Maryland

June 24, 2020

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

4th Circuit, South Carolina