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4th Circuit

Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility

The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.

4th Circuit
Virginia
Virginia Western District

Bifurcated Fee Arrangements Now Seem Impossible in South Carolina

Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.

4th Circuit
South Carolina

There’s Peril in Issuing a Report and Recommendation When It’s Not Necessary

Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.

4th Circuit

A Lawsuit to Collect a ‘DSO’ Runs the Risk of Violating the Automatic Stay

Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.

4th Circuit
Virginia
Virginia Western District

‘13’ Debtors Need to Know Whether They Lose Appreciation When They Sell a Home

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

4th Circuit
Virginia
Virginia Eastern District

Another Court Won’t Permit a Structured Sale to Eradicate a Homestead Exemption

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

4th Circuit
North Carolina
North Carolina Western District

Although Interlocutory, Orders Refusing to Compel Arbitration Can Be Appealed

An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.

4th Circuit
West Virginia

Fourth Circuit Says an Insurer Has No Right to Negotiate an ‘Asbestos’ Plan

The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.

4th Circuit

Losing a Motion to Reopen a Case Can Be a Victory for the Debtor (Sometimes)

An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.

4th Circuit
Virginia
Virginia Eastern District

Stay Violator Held Liable for Debtor’s Attorneys’ Fees Incurred to Collect Damages

When a stay violator refused to reimburse debtor’s counsel for fees to stop the stay violation, Judge Rebecca Connelly awarded attorneys’ fees for time spent to collect attorneys’ fees.

4th Circuit
West Virginia
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