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4th Circuit

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

4th Circuit

Bankruptcy Courts Disagree on Paying U.S. Trustee Fees by Liquidating Trusts

Adroitly drafting a chapter 11 plan may avoid having a liquidating trust pay quarterly fees to the U.S. Trustee.

4th Circuit
Virginia
Virginia Eastern District

The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees

All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.

4th Circuit
Virginia
Virginia Eastern District

A Section 542(b) Turnover Action Can’t Be Used to Compel Payment of a Judgment

Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.

4th Circuit
North Carolina
North Carolina Eastern District

Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration

In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.

4th Circuit
South Carolina

The War Between National and Local Rates Continues in Eastern Virginia

Counsel run the risk of being paid lower local rates in ‘mega’ cases filed in the Eastern District of Virginia.

4th Circuit
Virginia
Virginia Eastern District

Judge McAffee Agrees with Former Judge Sontchi on Authorized Corporate Actions

The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.

4th Circuit
North Carolina
North Carolina Eastern District

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

4th Circuit
North Carolina
North Carolina Western District

Corporate Debtors in Subchapter V Can’t Discharge Nondischargeable Debts, Circuit Says

Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).

4th Circuit

Fourth Circuit Rejects Frontal Assault on In Pari Delicto as a Bar to Suits by a Trustee

Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.

4th Circuit
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