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.
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...
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...
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.
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...
Affirmed by unpublished per curiam opinion.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.
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’...
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 § ...
