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An Appeal to the Fourth Circuit

Published November 12, 2011 by Sasser Law Firm

First, a quick civics review: legal actions are brought in either state court or federal court, depending on the jurisdictional features of a given claim. Bankruptcy matters are heard in federal court, which is why, in Raleigh, the bankruptcy courtrooms are upstairs from the old federal post office. Since bankruptcy exists within the federal judiciary, our appeals are a serious business and are heard by none else than the Fourth Circuit Court of Appeals in Richmond, Virginia. It’s a rare event for an attorney to pack up the attache case and drive to Richmond, but that is what our litigation attorney Cort Walker is preparing to do. His brief on a matter involving the bankruptcy code’s definition of household size will be submitted to the court on Monday and we’ll wait with baited breath for the Fourth Circuit to place the matter on the calendar for oral arguments sometime in the next couple of months. It’s a chance to participate in the interpretation of a vague, but important, aspect of bankruptcy law and argue a case that will read by bankruptcy attorneys across the country. Of course, we’ll let you know what happens.

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