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United Bank v. Buckingham

Summarizing by Shane Ramsey

SummitBridge National v. Ollie Faison

Citation:
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT: No. 17-2441 (4th Circuit, Feb 08,2019) Published
Case Status:
Affirmed
Ruling:
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
Tag(s):

Bennett v Garner

Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

Fort v. Suntrust Bank (In re International Payment Group, Inc.

Citation:
No. 16-2001: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (4th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

SHEEHAN v ASH

Citation:
17-1867 (4th Circuit, May 04,2018) Published
Case Status:
Affirmed
Ruling:
A debtor’s property exemptions can be derived from federal or state law, and the court must construe exemption provisions liberally in favor of the debtor and the exemption. The debtors’...
Judge(s):
Niemeyer, King, Brinkema (King)
Tag(s):

Burkhart v. Grigsby

Citation:
16-1971 (4th Circuit, Mar 29,2018) Published
Case Status:
Reversed
Ruling:
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
Judge(s):
King, Diaz, and Shedd
Tag(s):

Janvey v. Romero

Citation:
.17-1197 (4th Circuit, Feb 21,2018) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit ultimately found that the Bankruptcy Court did not abuse it's discretion. The Bankruptcy Court concluded that the Debtor's decision to file for bankruptcy did not rise to the...
Judge(s):
Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Harris joined
Tag(s):

David J. Pierce Trust U/A v. Alpha Natural Resources, Inc.

Citation:
17-1339 (4th Circuit, Feb 20,2018) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the Fourth Circuit affirmed the "thorough, well-reasoned opinions" of the Bankruptcy Court and the District Court that the Debtor, Alpha Natural Resources, Inc., could...
Judge(s):
Circuit Judges Thacker and Harris and Senior Circuit Judge Shedd.
Tag(s):

Bate Land Co. LP, v. Bate Land & Timber LLC (In re Bate Land & Timber LLC)

Citation:
16-2037 (4th Circuit) (4th Circuit, Dec 06,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fourth Circuit first reversed the dismissal of the appeal of the confirmation of a partial dirt-for-debt Ch. 11 plan on mootness grounds and then affirmed the Bankruptcy Court's confirmation...
Judge(s):
Judge Duncan authored the opinion, in which Judge Niemeyer and Judge Floyd joined.
Tag(s):

Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

Citation:
No. 16-1681 (4th Circuit, Jun 12,2017) Published
Case Status:
Affirmed
Ruling:
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Tag(s):

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