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

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

May 23, 2023

Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility

The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.

4th Circuit, Virginia, Virginia Western District

March 27, 2023

A Lawsuit to Collect a ‘DSO’ Runs the Risk of Violating the Automatic Stay

Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.

4th Circuit, Virginia, Virginia Western District

April 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 District

February 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 District

October 11, 2016

Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’

Government payments to care for disabled adults go to parents, not creditors, judge rules.

4th Circuit, Virginia, Virginia Western District

October 04, 2016

Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal

Pro se debtors must be told explicitly of the right to request a hearing.

4th Circuit, Virginia, Virginia Western District

January 21, 2016

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit, Virginia, Virginia Western District