Home » 4th Circuit

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

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 7 years 11 months ago
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.

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 7 years 11 months ago
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

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 5 days ago
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.

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 8 years 2 weeks ago
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)

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 8 years 1 month ago
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)

  • Summarized by Rachel Greenleaf , U.S. Bankruptcy Court, Eastern District of Virginia
  • 8 years 2 months ago
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)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 8 years 4 months ago
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):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 8 years 4 months ago
Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
Tag(s):

Sheehan v. Saoud, et al.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 7 months ago
Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

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