Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing Fourth Circuit again shows itself to be a debtor-friendly venue. Judge Name - Do not use it. Allyson K. Duncan Read more about Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing
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. Judge Name - Do not use it. James K. Bredar Read more about Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
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. Judge Name - Do not use it. Robert B. King Read more about Three Circuits Approve Extraterritorial Application of a State’s Exemptions
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. Judge Name - Do not use it. Stephani W. Humrickhouse Read more about Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13. Judge Name - Do not use it. Albert Diaz Read more about Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
Judge Harner Pens a Primer on the Elements of an Executory Contract Unperformed obligations must be ‘material’ for a contract to be executory. Judge Name - Do not use it. Michelle M. Harner Read more about Judge Harner Pens a Primer on the Elements of an Executory Contract
Unlicensed Debt Collectors May File Proof of Claim Despite State Law Midland Funding expanded to allow unlicensed debt collectors to file claims. Judge Name - Do not use it. Michelle M. Harner Read more about Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Solvency May or May Not Result in Dismissal The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors. Judge Name - Do not use it. Laurie Selber Silverstein, J. Harvie Wilkinson III Read more about Solvency May or May Not Result in Dismissal
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules. Judge Name - Do not use it. Paul M. Black Read more about Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner Congress created a loophole in the hanging paragraph in Section 1325(a). Judge Name - Do not use it. Patrick M. Flatley Read more about Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner