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4th Circuit

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Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)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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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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