Jenkins v. Simpson

Citation:
Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)
Ruling:
The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued...
Judge(s):
Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.
Tag(s):

Moses v. Cashcall, Inc.

Citation:
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling:
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for...
Judge(s):
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
Tag(s):

Covert, et al. v. LVNV Funding, LLC, et al.

Citation:
___ F.3d ___, Case No. 14-1016 (4th Cir. Mar. 3, 2015)
Ruling:
Dismissal of class action lawsuit filed by chapter 13 debtors against debt collectors for violation of the Federal Debt Collections Practices Act for filing proofs of claim without a Maryland debt...
Judge(s):
Niemeyer, Shedd, and Keenan
Tag(s):

Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC

Citation:
Alexandria Consulting Group, LLC v. Alexandria Surveys, LLC, Case No. 13-2393 (4th Cir. December 30, 2014) (unpublished) (per curiam).
Ruling:
Potential purchaser of assets of debtor who was not otherwise involved in case or a creditor of the debtor prior to the case closing was not a party in interest and, therefore, lacked standing to...
Judge(s):
Wilkinson, Shedd, and Thacker, Circuit Judges
Tag(s):

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

Citation:
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling:
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...
Judge(s):
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
Tag(s):

Guttman v. Construction Program Group (In re Railworks Corp)

Citation:
Guttman v. Construction Program Group (In re Railworks Corp), No. 13-1931 (4th Cir. July 28, 2014)
Ruling:
The court held that the bankruptcy court's grant of summary judgment in favor of Construction Program Group (CPG) was proper, thus reversing the district court. First, the 4th Circuit held that...
Judge(s):
Judge Keenan and Judge Floyd, Circuit Judges, and Judge Max O. Cogburn, Jr., United States District Judge for the Western District of North Carolina, sitting by designation.
Tag(s):

Flying Pigs, Inc v. RRAJ Franchising, LLC

Citation:
Flying Pigs, LLC v. RRAJ Franchising, LLC., 4th Cir. No.: 13-2135 (July 01, 2014), 2014 U.S. App. LEXIS 12404
Ruling:
Vacated and remanded, via published opinion on July 01, 2014, to the Superior Court of Lenior County, North Carolina.
Judge(s):
Judge Robert B. King, Judge Roger L. Gregory, and Judge Stephanie D. Thacker. Opinion by Judge King, in which Judge Gregory and Judge Thacker joined.
Tag(s):

National Heritage Foundation, Inc. v. Highbourne Foundation

Citation:
No. 13-1608 (4th Cir. June 27, 2014)
Ruling:
The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.
Judge(s):
Circuit Court, Diaz (author), Wilkinson and Agee Bankr. E.D.V.A., Trenga
Tag(s):

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