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4th Circuit

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Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC, Case No. 13-2393 (4th Cir. December 30, 2014) (unpublished) (per curiam).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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Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

Citation: 
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling: 
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust executed before the IRS filed ...
Judge(s): 
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
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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.
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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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