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ABI Journal

4th Circuit

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.

Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.

Three Circuits Approve Extraterritorial Application of a State’s Exemptions

Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.

Judge Harner Pens a Primer on the Elements of an Executory Contract

Unperformed obligations must be ‘material’ for a contract to be executory.

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

Solvency May or May Not Result in Dismissal

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

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.