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 DistrictDecember 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 DistrictOctober 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 DistrictJuly 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 DistrictJune 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 DistrictJune 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 DistrictNovember 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 DistrictJuly 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 DistrictJuly 12, 2023
Bartenwerfer Doesn’t Apply if the Debtor Isn’t a Partner or Agent, Bankruptcy Judge Says
Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.
4th Circuit, Virginia, Virginia Eastern DistrictMarch 24, 2023
‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home
One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.
4th Circuit, Virginia, Virginia Eastern District