May 13, 2020
Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 19, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
4th Circuit, Virginia, Virginia Eastern DistrictNovember 27, 2019
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
Chapter 13 forces judges to micromanage the lives of debtors.
4th Circuit, Virginia, Virginia Eastern DistrictNovember 07, 2019
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
4th Circuit, Virginia, Virginia Eastern DistrictOctober 30, 2019
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
4th Circuit, Virginia, Virginia Eastern DistrictMay 31, 2019
One Preference Won’t Prevent Another from Being a Preference
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
4th Circuit, Virginia, Virginia Eastern DistrictApril 10, 2019
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
4th Circuit, Virginia, Virginia Western DistrictSeptember 14, 2018
Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says
Courts are divided when an exemption claim collides with the government’s right of setoff.
4th Circuit, Virginia, Virginia Eastern DistrictFebruary 14, 2018
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.
4th Circuit, Virginia, Virginia Western DistrictDecember 12, 2017
Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
4th Circuit, Virginia, Virginia Eastern District