The Fourth Circuit ultimately found that the Bankruptcy Court did not abuse it's discretion. The Bankruptcy Court concluded that the Debtor's decision to file for bankruptcy did not rise to the...
Judge(s):
Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Harris joined
In a per curiam opinion, the Fourth Circuit affirmed the "thorough, well-reasoned opinions" of the Bankruptcy Court and the District Court that the Debtor, Alpha Natural Resources, Inc., could...
Judge(s):
Circuit Judges Thacker and Harris and Senior Circuit Judge Shedd.
The Fourth Circuit first reversed the dismissal of the appeal of the confirmation of a partial dirt-for-debt Ch. 11 plan on mootness grounds and then affirmed the Bankruptcy Court's confirmation...
Judge(s):
Judge Duncan authored the opinion, in which Judge Niemeyer and Judge Floyd joined.
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
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
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...
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). ...
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
