A performing artist's right to terminate an assignment of a copyright under Section 203(a) of the Copyright Act (17 U.S.C. § 203(a)), even though the right is inalienable by agreement, is property...
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff statements, and 1098 tax forms sent to a debtor during a Chapter 13 bankruptcy were...
Judge(s):
Judge Thacker wrote the opinion, in which Judge King and Judge Wynn joined.
Over a dissent, the Fourth Circuit held that a creditor cannot compel arbitration of a debtor's claim for violation of the automatic stay under § 362(k), even under a valid arbitration agreement....
Judge(s):
Judge Niemeyer wrote the opinion, in which Judge Harris joined. Judge King wrote a dissenting opinion.
A debtor with a claim against a creditor may not be deprived of the opportunity to litigate the claim merely because the debtor initiated its litigation in bankruptcy court and subsequently...
Judge(s):
Barron, Chief Judge, Thompson and Gelpí, Circuit Judges
A bankruptcy court can refuse to grant a debtor a discharge if the debtor cannot explain the loss or deficiency of assets that could have been used to meet the debtor's liabilities. 11 U.S.C. §...
The Fifth Circuit certifies a question of state law to the Texas Supreme Court: Is an LLC membership interest exempt property in a federal bankruptcy proceeding, based on section 101.112 of the...
The U.S. Court of Appeals for the Sixth Circuit held it had jurisdiction to review a bankruptcy court's denial of a chapter 13 debtor's Civil Rule 60(b) motion and affirmed, concluding his failure...
Debtor’s receipt of a turnover order and her failure to comply with its express terms serve as grounds for the bankruptcy court to hold her in contempt and sanction her. Appellants must directly...
A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
