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4th Circuit Court of Appeals

By Ed Boltz, 24 January, 2022

4th Circuit: Alexander v. Carrington Mortgage- "Collector" under Maryland Consumer Protection Laws Contrasted with "Debt Collector" under the FDCPA

Summary:

In a suit brought against Carrington Mortgage Services, LLC, the borrowers alleged that Carrington violated the Maryland Consumer Debt Collection Act (MCDCA), which largely incorporates the Fair Debt Collection Practices Act (FDCPA), and the Maryland Consumer Protection Act (MCPA) by charging $5 convenience fees to borrowers who paid monthly mortgage bills online or by phone.

By Ed Boltz, 13 December, 2021

4th Cir.: Catjen v. Hunter Mill West, L.C.- Issue Preclusion from Bankruptcy Claim Orders

Summary:

By Ed Boltz, 11 December, 2021

4th Cir.: Tripplett v. Saul- Denial of Social Security Claim

Summary:

The Fourth Circuit found that, in denying her Social Security Disability claim, the Administrative Law Judge had erred by misreading the severity findings in two of the three medical opinions and also erred by failing to consider each of the factors listed in 20 C.F.R. § 404.1527(c) before affording only negligible weight to Triplett’s treating physician’s medical opinion.

Commentary:

By Ed Boltz, 3 December, 2021

4th Circuit: Dress v. Capitol One- Interest Accrues on Credit Card unless Balance Paid in Full Monthly

Summary:

By Ed Boltz, 21 May, 2021

4th Cir.: Wood v. HUD- Tax Refund Offset did not Violation the Automatic Stay

Summary:

By Ed Boltz, 21 May, 2021

4th Cir.: Siegel v. Fitzgerald: 2018 U.S. Trustee Fees Upheld and Bankruptcy Administrator System is Constitutional

Summary:

In split decision, the Fourth Circuit (following the similarly split decision from the 5th Circuit) held that the 2018 increase in fees paid by chapter 11 debtors to the U.S. Trustee Program applies to pending cases and violates neither due process nor the "uniform bankruptcy" clause of the U.S. Constitution.

By Ed Boltz, 2 April, 2021

4th Cir.: Old Republic v. Shulman Rogers- Mutual Mistake in Deed of Trust

Summary:

Heinz and Susan Georg refinanced their home, which was owned by them as tenants by the entireties, with First Horizon. Only Mr. Georg was, however, listed as a borrower on the mortgage note and, more consequentially, as a grantor on the Deed of Trust. Old Republic, believing that both Georgs signed the Deed of Trust, issued title insurance to First Horizon.

By Ed Boltz, 11 March, 2021

4th Circuit: Alig v. Quicken Loans- Improper Value Disclosures with Appraisal Requests

Summary:

By Ed Boltz, 6 February, 2021

Law Review- Drumbl, Michelle Lyon, Bankruptcy, Taxes, and the Primacy of IRS Refund Offsets: Copley v. United States (January 2021). South Carolina Law Review, Forthcoming

Abstract:

Copley v. United States involved a question at the intersection of tax law and bankruptcy law: can a debtor invoke bankruptcy exemption rules to shield an anticipated income tax refund from offset by the Internal Revenue Service? When the Fourth Circuit Court of Appeals was presented with this question of first impression — a question that has divided bankruptcy courts in recent years — it held that the IRS right of offset prevails over the debtors’ right of exemption.

By Ed Boltz, 3 September, 2020

4th Circuit: Bender v. Elmore & Throop, P.C. - Statute of Limitations for FDCPA Claims run from each violation

Summary:

Pagination

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4th Circuit Court of Appeals

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