January 9, 2024
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
4th Circuit , Maryland ,
December 20, 2023
The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.
4th Circuit , Maryland ,
November 2, 2021
If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”
4th Circuit , Maryland ,
July 6, 2021
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit , Maryland ,
June 4, 2021
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
4th Circuit , Maryland ,
March 24, 2021
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
4th Circuit , Maryland ,
July 13, 2020
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
4th Circuit , Maryland ,
October 17, 2019
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
4th Circuit , Maryland ,
September 28, 2018
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
4th Circuit , Maryland ,
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
4th Circuit , Maryland ,