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Perez v. Bui (In re Tenorio)

Summarizing by Lars Fuller

Janvey v. Romero

Summarizing by John Bollinger

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):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A. (In re Jemsek Clinic, P.A.

Citation:
16-1030 (4th Circuit, Mar 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
Judge(s):
Wilkinson, Motz, Floyd (Motz)
Tag(s):

Robinson v. Worley

Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
In his Chapter 7, Worley, a sophisticated investor, used a low value for his interest in a real estate venture. The bankruptcy court found that he intentionally lowballed the value and denied his...
Judge(s):
J. Harvie Wilkinson, III, Paul V. Niemeyer, and Barbara Milano Keenan
Tag(s):

Worley v. Magers (In re Robinson)

Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...
Judge(s):
Wilkinson, Niemeyer, Keenan (Wilkinson)
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Birmingham v. PNC Bank, N.A.

Citation:
No. 15-1800 (4th Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit determined that the provisions of the deed of trust cited to by the Debtor do not create " ' separate or additional security interest[s]. nut [are] merely [] provision[s] to...
Judge(s):
U.S. Disitrict Judge Gerald Bruce Lee, sitting by designation, and Circuit Judges Thacker and Harris
Tag(s):

Lynch v. Jackson

Citation:
United States Court of Appeals for the Fourth Circuit: No. 16-1358 (4th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

Debtors [Individuals filing under Chapter 7 for relief with respect to the "Means Testing" pursuant to 11 U.S.C. 707(b) ] are entitled to the full National and Local Standard amount for a...

Judge(s):
Before Circuit Judges Motz, Keenan, and Thacker.
Tag(s):

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