4th Circuit | ABI

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.

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Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

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Virginia Eastern District

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

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North Carolina Eastern District

Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’

Government payments to care for disabled adults go to parents, not creditors, judge rules.

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Virginia Western District

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.

Court :

Virginia Western District

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

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Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value

Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.

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North Carolina Eastern District

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

Court :

North Carolina Eastern District

Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction

Exhaustion of state and federal administrative remedies are not the same, judge says.

Court :

Virginia Eastern District

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

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