Summarized by Cara Murray , Whiteford Taylor Preston LLP
14 years 5 months ago
Citation:
John R. Berhmann v. Nat'l Heritage Foundation, Inc., ___ F.3d ___ (4th Cir. 2011) (Case No.:10-2015); 2011 U.S. App. LEXIS 24454
Ruling:
The United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) held that equitable relief in the form of non-debtor release provisions in a plan of reorganization is...
Judge(s):
Before Traxler, Chief Judge, and Agee and Diaz, Circuit Judges (opinion by Judge Diaz)
Summarized by Deborah Crowder , U.S. Bankruptcy Court, Western District of North Carolina
14 years 5 months ago
Citation:
7:09-cv-00336-sgw (4th Cir. 2011)
Ruling:
The Fourth Circuit Court of Appeals vacated the order of the Virginia District Court, and ruled that a Bankruptcy Court's order denying a Chapter 7 motion to dismiss as abusive pursuant to 11...
In vacating and remanding the grant of summary judgment and the award of $22,235.90 in attorneys fees, the Fourth Circuit Court of Appeals was tasked with interpreting the definition of the term...
2011 U.S. App. LEXIS 13729 (4th Cir. July 6, 2011)(published)
Ruling:
For purposes 11 U.S.C. § 507(a) (4), severance compensation was "earned" by former employee claimants on the day they became participants in the debtor's severance plan immediately after their...
Summarized by Beth Harrill , U.S. Bankruptcy Court, Northern District of Georgia
14 years 10 months ago
Citation:
2011 WL 2550435 (09-2344) (4th Cir. June 28, 2011) (unpublished)
Ruling:
In an unpublished opinion, the Fourth Circuit affirmed the District Court, holding that, under applicable Pennsylvania law, the spendthrift provisions of two trusts of which the chapter 7 debtor...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
14 years 11 months ago
Citation:
Case No. 10-1306 and 10-1379 (UNPUBLISHED, June 17, 2011)
Ruling:
The Fourth Circuit affirmed the judgment of the district court as to all issues except the calculation of settlement credit for which it remanded for further proceedings. The Court specifically...
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 11 months ago
Citation:
No. 10-1681 (4th Cir. Jun. 13, 2011)
Ruling:
"[T]he Code plainly provides that debtors need not claim an exemption as a precondition of avoiding a lien that the debtor contends impairs that exemption." Slip. op. at 8.
Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
14 years 11 months ago
Citation:
not yet available
Ruling:
In a seminal ruling on section 550(b)(1) in the Fourth Circuit, the Court addressed the voidability of the third transfer in a series of transfers that began with a voidable no-consideration deed. ...
Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
14 years 11 months ago
Citation:
___ F. 3d ___ (4th Cir. 2011), Slip Op. May 26, 2011, Dkt No. 10-1803
Ruling:
Applying Virginia law, the Court interpreted the language of the note providing the lender "may transfer this Note" as meaning exactly that: the lender may transfer the note. The note is a...
The Fourth Circuit Court of Appeals upheld over a century of well established Virginia law. Primarily, the Fourth Circuit maintained Virginia's long history of ensuring that negotiable instruments...
