Home » 4th Circuit

SHEILA ANN TRANTHAM, Debtor — Appellant, v. STEVEN G. TATE, Trustee — Appellee

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 4 months 3 weeks ago
Citation:
No. 22-2263 (4th Circuit, Aug 13,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Tag(s):

BYRON F. DAVID v. DONALD F. KING,

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 5 months 1 week ago
Citation:
23-1856 (4th Circuit, Jul 26,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
Judge(s):
Quattlebaum, Richardson, and Wilkinson
Tag(s):

Ronald Morgan v. Daniel Bruton

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 8 months 2 weeks ago
Citation:
No. 22-1964 (4th Circuit, Apr 17,2024) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...
Judge(s):
Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

Paige Martineau v. Joel Wier

  • Summarized by Eric Connon , U.S. Bankruptcy Court, Middle District of North Carolina
  • 5 years 4 months ago
Citation:
18-2294 (4th Circuit, Aug 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
Judge(s):
Harris, Niemeyer, Hollander
Tag(s):

TKC Aerospace Inc. v. Charles Muhs (In re Muhs)

Citation:
18-1372 (4th Circuit, May 08,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A judgment against a debtor for violating the Alaska Uniform Trade Secrets Act (the UTSA) for the willful an malicious misappropriation of the judgment creditor’s trade secrets was insufficient...
Judge(s):
MOTZ, KING, and THACKER
Tag(s):

SummitBridge National v. Ollie Faison

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 5 years 11 months ago
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

  • Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
  • 5 years 11 months ago
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.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 6 years 7 months ago
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):

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