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Rochelle's Daily Wire | ABI Exclusive
February 23, 2018
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.
February 14, 2018
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.
Virginia Western District
February 6, 2018
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).
West Virginia Northern District
December 20, 2017
Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13
Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.
December 12, 2017
Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property.
Virginia Eastern District
December 8, 2017
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.
November 9, 2017
Paying More on Student Loans Isn’t Unfair Discrimination Automatically
Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.
October 25, 2017
Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
September 1, 2017
Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
March 31, 2017
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Res judicata does not apply to ‘deemed allowed’ claims.