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4th Circuit

Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says

Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.

4th Circuit

Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later

The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.

4th Circuit
Maryland

Makewhole Premium Disallowed When the Debt Had Been Accelerated

Judge Flatley avoids taking sides in the Second/Third Circuit split.

4th Circuit
West Virginia
West Virginia Northern District

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

4th Circuit
Virginia
Virginia Eastern District

Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300

Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.

4th Circuit
North Carolina
North Carolina Eastern District

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.’

4th Circuit

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

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

4th Circuit

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.

4th Circuit

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.

4th Circuit

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.

4th Circuit
North Carolina
North Carolina Eastern District
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