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ABI Journal

Rochellel's Daily Wire

October 17, 2019

In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim

A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.

4th Circuit, Maryland

September 28, 2018

Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later

The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.

4th Circuit, Maryland

March 16, 2018

Judge Harner Pens a Primer on the Elements of an Executory Contract

Unperformed obligations must be ‘material’ for a contract to be executory.

4th Circuit, Maryland

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

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

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