Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
Chapter 13 forces judges to micromanage the lives of debtors.
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
