Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
Judge Name - Do not use it.
Roger L. Gregory
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Litigation Funding Could Be Champertous in Some States
Financing litigation is champertous if the lender exercises control.
Judge Name - Do not use it.
J. Craig Whitley
Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says
Escrows and miscellaneous proceeds held to be real property, not additional collateral.
Judge Name - Do not use it.
Gerald Bruce Lee
On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds
Deadlines for direct appeal to the circuit are procedural, not jurisdictional.
Judge Name - Do not use it.
Stephanie D. Thacker
Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit
An admitted attempt to collect a debt rendered informational only by a disclaimer.
Judge Name - Do not use it.
Dennis W. Shedd
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
Judge Name - Do not use it.
Keith L. Phillips
Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Judge Name - Do not use it.
Stephani W. Humrickhouse
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Judge Name - Do not use it.
Rebecca B. Connelly
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.
Judge Name - Do not use it.
Jackson L. Kiser
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
Judge Name - Do not use it.
Henry F. Floyd