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4th Circuit

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.
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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.
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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.
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Makewhole Premium Disallowed When the Debt Had Been Accelerated

Judge Flatley avoids taking sides in the Second/Third Circuit split.

Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says

Courts are divided when an exemption claim collides with the government’s right of setoff.

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.

Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness

Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’
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Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.
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Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions

Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
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Three Circuits Approve Extraterritorial Application of a State’s Exemptions

Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.
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