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):

Lovegrove v. Ocwen Home Loans Servicing, L.L.C.

Citation:
No. 15-2158 (4th Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

The court employed a "commonsense inquiry" to determine whether the communication constitutes an attempt to collect a debt.  Judge Shedd concluded that "the communications were for...

Judge(s):
Before Judges Shedd, Keenan and Senior Judge Davis
Tag(s):

McCray v. Wells Fargo Bank, N.A.

Citation:
16-1415 (4th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

 The Fourth Circuit Court of Appeals upheld the bankruptcy court's dismissal of the debtor's adversary proceeding on the grounds that because the claims asserted in the adversary proceeding...

Judge(s):
Before Motz, Wynn, and Floyd, Circuit Judges
Tag(s):

Han v. Official Committee of Unsecured Creditors (In re Kang)

Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Lecann v. Cobham (In re Cobham)

Citation:
Lecann v. Cobham (In re Cobham), No. 16-1010, 2016 WL 5956692 (4th Cir. Oct. 14, 2016) (per curiam)
Ruling:
Fourth Circuit affirmed the determination that the judgment debt at issue is nondischargeable under section 523(a)(6) as the bankruptcy court had found and declined to reach the district court's...
Judge(s):
Robert B. King, Allyson K. Duncan, and Henry F. Floyd
Tag(s):

Dubois v. Atlas Acquisitions LLC (In re Dubois)

Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

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