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Rochelle's Daily Wire | ABI Exclusive

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.
4th Circuit , North Carolina , North Carolina Eastern District ,

September 13, 2018

Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
4th Circuit , North Carolina , North Carolina Eastern District ,

April 10, 2018

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.
4th Circuit , North Carolina , North Carolina Eastern District ,

March 14, 2017

Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
4th Circuit , North Carolina , North Carolina Western District ,

February 9, 2017

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
4th Circuit , North Carolina , North Carolina Eastern District ,

January 24, 2017

Litigation Funding Could Be Champertous in Some States
Financing litigation is champertous if the lender exercises control.
4th Circuit , North Carolina , North Carolina Western District ,

October 18, 2016

Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
4th Circuit , North Carolina , North Carolina Eastern District ,

August 19, 2016

Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
4th Circuit , North Carolina , North Carolina Eastern District ,

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Superpriority claim only ensures recovery of filing day interest and principal.
4th Circuit , North Carolina , North Carolina Eastern District ,

January 25, 2016

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges
Debtors once again stuck paying post-filing condo charges on abandoned home.
4th Circuit , North Carolina , North Carolina Eastern District ,