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4th Circuit

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

Citation: 
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling: 
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision, affirmed and upheld lower court judgments which re-characterized debt ...
Judge(s): 
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
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Sheehan v. Saoud, et al.

Citation: 
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling: 
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s): 
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
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Anderson, et al. v. Logan

Citation: 
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling: 
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...
Judge(s): 
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
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Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

Citation: 
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling: 
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of collaterally attacking a state court's pre-petition ruling on ...
Judge(s): 
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
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Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation: 
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling: 
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that the Debtor was in a later-dismissed chapter 11, the ...
Judge(s): 
Diaz, Wilkinson and Niemeyer
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Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.)

Citation: 
Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).
Ruling: 
Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11 U.S.C. § 724(b)(2) in effect at the time the bankruptcy ...
Judge(s): 
Wilkinson, Keenan, and Harris
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Biltmore Investments, LTD v. TD Bank, N.A.

Citation: 
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling: 
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from foreclosing on the stock of ...
Judge(s): 
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
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Jones v. Dancel

Citation: 
14-2160; 4th Cir. July 6, 2015
Ruling: 
In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and “among the narrowest known at law” and affirmed the judgment ...
Judge(s): 
Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.
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Williams v. Lynch (In re Lewis, Jr.)

Citation: 
Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)
Ruling: 
In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from practicing in the bankruptcy court, the disgorgement of attorney’s fees and the imposition of ...
Judge(s): 
Keenan, Wynn and Diaz, Circuit Judges
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Jenkins v. Simpson

Citation: 
Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)
Ruling: 
The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued hearing, as required by Bankrtupcy Rule ...
Judge(s): 
Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.
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