In a split decision, a panel of the United States Court of Appeals found that the Chapter 11 bankruptcy of a solvent entity created by the "Texas Two Step" was not a per se bad faith filing and...
The Fourth Circuit held that a multiemployer pension plan's filing of a "contingent" proof of claim for withdrawal liability in a contributing employer's bankruptcy did not constitute a "notice and...
The U.S. Court of Appeals for the Fourth Circuit denied a chapter 7 debtor's emergency petitions for writs of mandamus. The debtor had asked the circuit "to reassign his ongoing bankruptcy...
The Fourth Circuit affirmed the district court's order to uphold the modification of the automatic stay, and dismissed the portion of the order where the bankruptcy court decided to abstain and...
The U.S. Court of Appeals for the Fourth Circuit held a district court abused its discretion in dismissing an appeal owing to the appellant's failure to file a designation of the record on appeal...
The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
The Fourth Circuit vacated the Department of Labor's Benefits Review Board decision. The Fourth Circuit held: (1) the Board erred in affirming the ALJ's conclusion that Arch was liable for...
The Fourth Circuit affirmed the bankruptcy court’s denial of the motion to dismiss for lack of subject-matter jurisdiction filed by the Official Committee of Asbestos Claimants. The Fourth...
The Fourth Circuit affirmed the district court’s dismissal of two consolidated cases under the doctrine of forum non conveniens, finding that the suits were better suited for litigation in...
