4th Circuit

Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.

Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.

Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

Fourth Circuit answered a question of first impression where the lower courts disagreed.

Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.

Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.