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4th Circuit

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Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).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Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)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In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from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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Fitzgerald v. Gorman (In re Fitzgerald)

Citation: 
Case No. 1:14-cv-01017-GBL-JFA
Ruling: 
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was not clearly erroneous. The debtor's secured debt total ...
Judge(s): 
Shedd, Duncan, and Thacker
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Moses v. Cashcall, Inc.

Citation: 
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling: 
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...
Judge(s): 
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
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Covert, et al. v. LVNV Funding, LLC, et al.

Citation: 
___ F.3d ___, Case No. 14-1016 (4th Cir. Mar. 3, 2015)
Ruling: 
Dismissal of class action lawsuit filed by chapter 13 debtors against debt collectors for violation of the Federal Debt Collections Practices Act for filing proofs of claim without a Maryland debt collection license affirmed. Plaintiffs' claims should have been ...
Judge(s): 
Niemeyer, Shedd, and Keenan
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Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC

Citation: 
Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC, Case No. 13-2393 (4th Cir. December 30, 2014) (unpublished) (per curiam).
Ruling: 
Potential purchaser of assets of debtor who was not otherwise involved in case or a creditor of the debtor prior to the case closing was not a party in interest and, therefore, lacked standing to file a motion to reopen ...
Judge(s): 
Wilkinson, Shedd, and Thacker, Circuit Judges
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Wolff v. U.S.A. (In re Firstpay, Inc.)

Citation: 
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling: 
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where the debtor lacked an equitable interest in the ...
Judge(s): 
Davis, Motz and Diaz
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