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...
Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
