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

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)

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)

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13-cv-2104 (unpublished)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In a one paragraph, unpublished per curiam opinion the Fourth Circuit affirmed the decision of the district court for the Eastern District of Virginia upholding the bankruptcy court's denial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)

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):

Gold v. First Tennessee Bank National Association (In re Taneja)

Citation:
In re Taneja (Gold, Trustee, v. First Tennessee Bank, N.A., Slip Opin., February Case No 13-1058, (4th Cir. 2014) (scheduled for publication)
Ruling:
Over a dissenting opinion, the Circuit Court affirmed 2-1 the ruling of the District Court on appeal, and the bankruptcy court's finding at trial that the Bank was a good faith transferee of assets...
Judge(s):
Keenan, Wynn, Thacker (dissenting)
Tag(s):

Fina v. Fina (In re Fina)

Citation:
Fina v. Fina (In re Fina), No. 12-2526, 2014 WL 46166 (4th Cir. Jan. 7, 2014).
Ruling:
The Fourth Circuit affirmed the district court’s order upholding the decision of the bankruptcy court to impose contempt sanctions against the appellants for violation of the discharge injunction.
Judge(s):
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Tag(s):

Jaffe v. Samsung Electronics Company, Limited

Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Judge(s):
Niemeyer, Wynn, and Floyd, Circuit Judges
Tag(s):

Reeves v. Callaway

Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
Tag(s):

Carroll v. Logan

Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
Judge(s):
Niemeyer, Wynn, and Floyd
Tag(s):

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