Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling:
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of...
Judge(s):
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).
Ruling:
Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11...
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling:
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from...
Judge(s):
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and...
Judge(s):
Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.
Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)
Ruling:
In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from practicing in the...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
11 years 2 weeks ago
Citation:
Case No. 1:14-cv-01017-GBL-JFA
Ruling:
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was...
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.
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
11 years 2 months ago
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
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 2 months ago
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...
