4th Circuit

Pettaway v. Department of Education

Citation: 
13-cv-2104 (unpublished)
Ruling: 
In a one paragraph, unpublished per curiam opinion the Fourth Circuit affirmed the decision of the district court for the Eastern District of Virginia upholding the bankruptcy court's denial of the Chapter 7 debtor's request for a hardship discharge of ...
Judge(s): 
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges.
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Pliler v. Stearns (In re Pliler)

Citation: 
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling: 
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not paid in full, even if the debtors have negative disposable ...
Judge(s): 
Duncan, Wynn, and Thacker (Opinion written by Wynn)
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Gold v. First Tennessee Bank National Association (In re Taneja)

Citation: 
In re Taneja (Gold, Trustee, v. First Tennessee Bank, N.A., Slip Opin., February Case No 13-1058, (4th Cir. 2014) (scheduled for publication)
Ruling: 
Over a dissenting opinion, the Circuit Court affirmed 2-1 the ruling of the District Court on appeal, and the bankruptcy court's finding at trial that the Bank was a good faith transferee of assets from a fraudulently operated company, and ...
Judge(s): 
Keenan, Wynn, Thacker (dissenting)
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Fina v. Fina (In re Fina)

Citation: 
Fina v. Fina (In re Fina), No. 12-2526, 2014 WL 46166 (4th Cir. Jan. 7, 2014).
Ruling: 
The Fourth Circuit affirmed the district court’s order upholding the decision of the bankruptcy court to impose contempt sanctions against the appellants for violation of the discharge injunction.
Judge(s): 
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
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Jaffe v. Samsung Electronics Company, Limited

Citation: 
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling: 
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). The bankruptcy court reasonably exercised its discretion in balancing the ...
Judge(s): 
Niemeyer, Wynn, and Floyd, Circuit Judges
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Reeves v. Callaway

Citation: 
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling: 
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an exemption of $60,000 [under applicable state opt-out provisions] as their aggregate interest ...
Judge(s): 
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
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Carroll v. Logan

Citation: 
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling: 
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property described in section 541 and (ii) the kind of ...
Judge(s): 
Niemeyer, Wynn, and Floyd
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Ballard v. Bank of America, N.A.

Citation: 
No. 13-1418, ---F.3d --- (4th Cir. Oct. 30, 2013)
Ruling: 
The Court concluded that Appellant, by executing a series of four loan restructuring agreements, waived “any and all” claims (including her ECOA claims) against the Bank in exchange for the Bank’s waiver of the company’s defaults. The Court reasoned ...
Judge(s): 
Motz, Shedd, and Thacker, Circuit Judges
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Mort Ranta v. Gorman

Citation: 
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling: 
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”, the 4th Circuit Court of Appeals VACATED the order of the district court and remanded ...
Judge(s): 
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
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Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

Citation: 
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling: 
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan program collapsed were not transfers of debtor property and in no way diminished ...
Judge(s): 
King, Wynn, and Diaz, Circuit Judges
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