North Carolina Lawyers Weekly

Apr 23, 2026

Equitable mootness limited in simple Chapter 13 appeal

The 4th U.S. Circuit Court of Appeals held that equitable mootness does not bar an appeal in a straightforward Chapter 13 bankruptcy case when effective prospective relief remains available. […]

Mar 14, 2025

4th Circuit: Ruling vacates sanctions against debtor

Where the district court sanctioned the debtor for selling her house without permission, in violation of a local rule, but it failed to consider testimony that she relied on the […]

Nov 6, 2013

Bankruptcy – Inheritance Added to Bankruptcy Estate

Carroll v. Logan A bankruptcy court did not err in applying 11 U.S.C. § 1306(a) to extend the 180-day deadline and include in debtors’ Chapter 13 bankruptcy an inheritance that postdated the petition by more than 180 days; the 4th Circuit says the plain language of § 1306(a) blocks debtors from depriving their creditors of a part of their windfall acquired before their Chapter 13 [...]

Aug 1, 2013

Bankruptcy – Right to Dismiss – Conversion – Bad Faith – Domestic Support

In re Mattick Where the court finds that a Debtor is acting in bad faith by moving to dismiss a Chapter 13 bankruptcy petition, the Debtor does not have an absolute right to dismiss, and the court may convert the case to Chapter 7 bankruptcy.

Jul 20, 2012

Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan t[...]

Mar 14, 2012

Bankruptcy – Chapter 13 – Secured ATVs – Turnover to Creditors – Monthly Payments – Additional Income

Morris v. Quigley A chapter 13 debtor who planned to turn over to secured creditors two ATVs, for which she paid $163 per month, should have accounted for that additional income in calculating her projected disposable income, and the 4th Circuit reverses a district court order upholding the bankruptcy court decision that debtor could deduct the monthly payments that she would not be requi[...]