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February 16, 2023

Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
4th Circuit, Virginia, Virginia Eastern District

January 12, 2023

Bankruptcy Courts Disagree on Paying U.S. Trustee Fees by Liquidating Trusts
Adroitly drafting a chapter 11 plan may avoid having a liquidating trust pay quarterly fees to the U.S. Trustee.
4th Circuit, Virginia, Virginia Eastern District

January 09, 2023

The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
4th Circuit, Virginia, Virginia Eastern District

October 12, 2022

The War Between National and Local Rates Continues in Eastern Virginia
Counsel run the risk of being paid lower local rates in ‘mega’ cases filed in the Eastern District of Virginia.
4th Circuit, Virginia, Virginia Eastern District

April 07, 2022

‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
4th Circuit, Virginia, Virginia Eastern District

January 19, 2022

Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
4th Circuit, Virginia, Virginia Eastern District

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 District

December 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 District

November 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 District

November 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 District