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Home / Opinion Digests / 4th Cir.: Local bankruptcy court rule held invalid (access required)

4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District's Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had failed to commence timely payments under her bankruptcy plan as required by 11 U.S.C. § 1326. The ...