4th Circuit

Paying More on Student Loans Isn’t Unfair Discrimination Automatically

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

Section 1326(a)(2) Overrides a Levy Under State Law

On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.

Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing

Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.

Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds

Res judicata does not apply to ‘deemed allowed’ claims.

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

Judge follows statutory language that didn’t achieve the result Congress intended.

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says

Escrows and miscellaneous proceeds held to be real property, not additional collateral.