October 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 District

May 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 District

September 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 District

December 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

November 29, 2016

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

4th Circuit, Virginia, Virginia Eastern District

May 05, 2016

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

4th Circuit, Virginia, Virginia Eastern District