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

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 9 years 1 month ago
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)

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

  • Summarized by Cara Murray , Whiteford Taylor Preston LLP
  • 9 years 5 months ago
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):

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 6 months ago
Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Judge(s):
King, Shedd, and Wynn
Tag(s):

Gold v. Robbins (In re Rowe)

  • Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
  • 9 years 7 months ago
Citation:
NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).
Ruling:
Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).
Judge(s):
The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 9 years 7 months ago
Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

Pettaway v. Department of Education

Citation:
13-cv-2104 (unpublished)
Ruling:
In a one paragraph, unpublished per curiam opinion the Fourth Circuit affirmed the decision of the district court for the Eastern District of Virginia upholding the bankruptcy court's denial of the...
Judge(s):
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges.
Tag(s):

Pliler v. Stearns (In re Pliler)

  • Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
  • 9 years 8 months ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Tag(s):

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