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4th Circuit

Guttman v. Construction Program Group (In re Railworks Corp)

Citation: 
Guttman v. Construction Program Group (In re Railworks Corp), No. 13-1931 (4th Cir. July 28, 2014)
Ruling: 
The court held that the bankruptcy court's grant of summary judgment in favor of Construction Program Group (CPG) was proper, thus reversing the district court. First, the 4th Circuit held that Guttman sufficiently pled his claims under sections 547 ...
Judge(s): 
Judge Keenan and Judge Floyd, Circuit Judges, and Judge Max O. Cogburn, Jr., United States District Judge for the Western District of North Carolina, sitting by designation.
Read on...

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation: 
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling: 
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s): 
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
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National Heritage Foundation, Inc. v. Highbourne Foundation

Citation: 
No. 13-1608 (4th Cir. June 27, 2014)
Ruling: 
The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.
Judge(s): 
Circuit Court, Diaz (author), Wilkinson and Agee
Bankr. E.D.V.A., Trenga
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Scheider, Jr. v. Deutsche Bank National Trust Co.

Citation: 
Case No. 13-1821 (4th Cir. May 21, 2014)
Ruling: 
The Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the District of South Carolina at Beaufort granting summary judgment in favor of the defendants.
Judge(s): 
Before Motz, Diaz and Floyd, Circuit Judges
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Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

Citation: 
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling: 
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under state law pre-petiton. Subcontractors qualified under section 362(b)(3) exception ...
Judge(s): 
King, Shedd, and Wynn
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Gold v. Robbins (In re Rowe)

Citation: 
NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).
Ruling: 
Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).
Judge(s): 
The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.
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Anderson v. Architectural Glass Construction, Inc. (In re Phister)

Citation: 
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling: 
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her interest in property seven months before filing Chapter 7 ...
Judge(s): 
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
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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)
Read on...

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)
Read on...
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