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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
,
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
,
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
,
