Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13 Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing. Read more about Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13
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. Judge Name - Do not use it. Kevin R. Huennekens Read more about Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’ Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds. Judge Name - Do not use it. Allyson Kay Duncan Read more about Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
Paying More on Student Loans Isn’t Unfair Discrimination Automatically Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies. Judge Name - Do not use it. David R. Duncan Read more about Paying More on Student Loans Isn’t Unfair Discrimination Automatically
Section 1326(a)(2) Overrides a Levy Under State Law On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy. Judge Name - Do not use it. Norman K. Moon Read more about Section 1326(a)(2) Overrides a Levy Under State Law
Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds. Judge Name - Do not use it. James K. Bredar Read more about Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds Res judicata does not apply to ‘deemed allowed’ claims. Judge Name - Do not use it. G. Steven Agee Read more about Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Courts Split on Allowing Credit Counseling on the Same Day but After Filing Judge follows statutory language that didn’t achieve the result Congress intended. Judge Name - Do not use it. Laura T. Beyer Read more about Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds Financial professional was held to a higher standard in valuing estate assets. Judge Name - Do not use it. J. Harvie Wilkinson III Read more about Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable ‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law. Judge Name - Do not use it. Joseph N. Callaway Read more about Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable