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4th Circuit

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

In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim

A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.

4th Circuit
Maryland

Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan

Factors in permitting separate classification of debts include moral obligation and tangible benefit.

4th Circuit
North Carolina
North Carolina Eastern District

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

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

4th Circuit

Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity

Plain language of Section 547 defeated what could have been an easily avoided preference.

4th Circuit
North Carolina
North Carolina Eastern District

Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says

Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.

4th Circuit

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.

4th Circuit
West Virginia
West Virginia Southern District

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

Another Circuit Allows an Unsecured Claim for Contractual Attorneys’ Fees

The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.

4th Circuit
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