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By Ed Boltz, 1 May, 2025

4th Cir.: Truck Insurance v. Kaiser Gypsum (on remand from the U.S. Supreme Court)- Good Faith In Plan Confirmation

Summary:

This long-running asbestos bankruptcy saga involving Kaiser Gypsum and its affiliate Hanson Permanente Cement returned to the Fourth Circuit following a Supreme Court remand, which held that Truck Insurance Exchange ("Truck") qualified as a “party in interest” under § 1109(b) of the Bankruptcy Code. This opened the door for Truck to assert objections to the proposed § 524(g) reorganization plan, which had previously been rebuffed for lack of standing.

By Ed Boltz, 30 April, 2025

4th Cir.: Paredes v. Zen Nails-Presumptive Fees Schedules are not Dispositive î‘€

Summary:

By Ed Boltz, 30 April, 2025

4th Cir.: Roberts v. Carter-Young- Fair Credit Reporting Act – Reasonable Investigation – Legal vs. Factual Disputes

Summary:

By Ed Boltz, 30 April, 2025

4th Cir.: In Re Star Development- Account is Property of the Estate Despite Assertion of Earmarking and Trust.

Summary:

By Ed Boltz, 21 April, 2025

4th Cir.: Sugar & Saser v. Burnett- Reliance on Legal Advice as Defense and Vesting of Assets in the Debtor does not preclude subsequent modification due to appreciation

Summary:

 In  Sugar & Sasser v. Burnett, the Fourth Circuit upheld in part and vacated in part a district court’s affirmance of the bankruptcy court’s sanctions arising from a Chapter 13 debtor’s unauthorized sale of her residence. The debtor, Christine Sugar, sold her home during the pendency of her case without prior court approval as required by Eastern District of North Carolina Local Bankruptcy Rule 4002-1(g)(4) and her confirmed Chapter 13 plan, even though the property was partially exempt

By Ed Boltz, 21 April, 2025

4th Cir.: Carroll Management v. Dun & Bradstreet- Defamation and Credit Reporting

Summary:

By Ed Boltz, 18 April, 2025

4th Cir.: Fluharty v. Philadelphia Indemnity- No Standingor Settlement Control for Trustee in D&O Policy Dispute

Summary:

By Ed Boltz, 4 April, 2025

4th Cir.: Koontz v. SN Servicing- FDCPA applies to debts discharged in bankruptcy

Summary:

By Ed Boltz, 25 February, 2025

[NC NACBA} 4th Cir.: Guthrie v. PHH- Bankruptcy Code does not Preempt State Consumer Protection Claims

Summary:

By Ed Boltz, 21 February, 2025

4th Cir.: LeClair v. Tavener- Withdrawal as Partner Prior to Bankruptcy

Summary:

The Fourth Circuit vacated and remanded a bankruptcy court ruling that had held Gary D. LeClair, a founding member of the now-defunct law firm LeClairRyan PLLC, liable for tax obligations due to his status as a firm member at the time of its bankruptcy filing.

Pagination

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