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4th Circuit

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.

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.

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).

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.

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.

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.

Paying More on Student Loans Isn’t Unfair Discrimination Automatically

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

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.

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.

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.