Rochellel's Daily Wire

March 26, 2025

Bankruptcy Judge Upheld: No Arbitration on Claims for Violating the Automatic Stay

Bankruptcy Judge Paul Black was affirmed in district court for holding that arbitration of claims for violating the automatic stay would conflict with the centrality of administration in bankruptcy cases.

4th Circuit, Virginia, Virginia Western District

January 30, 2025

In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers

For a sale ‘free and clear,’ nondebtors can be enjoined from suing.

4th Circuit, Virginia, Virginia Eastern District

December 18, 2024

Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot

District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.

4th Circuit, Virginia, Virginia Eastern District

October 16, 2024

Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims

Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.

4th Circuit, Virginia, Virginia Eastern District

July 24, 2024

Arbitration Nixed on a Lender’s Claims for Violation of the Automatic Stay

Bankruptcy Judge Paul Black denied a motion to compel arbitration but didn’t decide whether he would certify a class.

4th Circuit, Virginia, Virginia Western District

July 10, 2024

A Partial Ethical Wall Didn’t Give Rise to Disinterestedness, Judge Kenney Said

Expedience is no substitute for disinterestedness when it comes to retention of a chapter 11 debtor’s general counsel.

4th Circuit, Virginia, Virginia Eastern District

June 24, 2024

As Subsequent Transferees, Churches Must Cough Up Fraudulent Transfers

Judge Huennekens explained that a church’s immunity for receipt of a constructively fraudulent transfer only applies if the transferor was an individual and the transferor was the debtor.

4th Circuit, Virginia, Virginia Eastern District

June 10, 2024

RSAs Don’t Bar Indenture Trustees from Creditors’ Committee Membership

Bankruptcy Judge Brian Kenney ruled that an indenture trustee must be on a committee when the debt is ‘overwhelmingly’ held by bondholders.

4th Circuit, Virginia, Virginia Eastern District

November 17, 2023

Even Without Personal Liability, a Mortgage on a Debtor’s Property Is a ‘Claim’

The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’

4th Circuit, Virginia, Virginia Eastern District

July 27, 2023

All Future Liability on a Lease Counted for Subchapter V Eligibility

Future liability on a lease was counted as a liquidated, noncontingent debt in calculating whether the Subchapter V debtor had more than $7.5 million in debt.

4th Circuit, Virginia, Virginia Eastern District