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Rochelle's Daily Wire | ABI Exclusive
May 31, 2019
One Preference Won’t Prevent Another from Being a Preference
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
Virginia Eastern District
May 29, 2019
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
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.
May 28, 2019
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Plain language of Section 547 defeated what could have been an easily avoided preference.
North Carolina Eastern District
May 13, 2019
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
April 11, 2019
‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules
Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.
West Virginia Southern District
April 10, 2019
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Virginia Western District
February 12, 2019
Another Circuit Allows an Unsecured Claim for Contractual Attorneys’ Fees
The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.
November 21, 2018
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.
September 28, 2018
Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
September 24, 2018
Makewhole Premium Disallowed When the Debt Had Been Accelerated
Judge Flatley avoids taking sides in the Second/Third Circuit split.
West Virginia Northern District