Mort Ranta v. Gorman

Citation:
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling:
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”,...
Judge(s):
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Wilson v. Dollar General Corp.

Citation:
Wilson v. Dollar General et al., Case No.12-1573 (4th Cir. May 17, 2013)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals upheld the District Court’s granting of summary judgment in favor of Dollar General. The Court first held that a Chapter 13 Debtor...
Judge(s):
Circuit Judges Thacker, Niemeyer and Agee
Tag(s):

Branigan v. Davis (In re Davis)

Citation:
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Tag(s):

Randle v. H&P Capital, Inc.

Citation:
Randle v. H&P Capital, Inc., No. 10-2258 (4th Cir. March 5, 2013) (unpublished)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's award of Plaintiff's attorneys fees. The District Court has broad discretion to award attorney's fees, and is...
Judge(s):
Judge Diana Gribbon Motz, Judge Robert B. King, and Judge James A. Wynn, Jr.
Tag(s):

Campbell v. The Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.)

Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
Tag(s):

Vieira v. Anderson (In re Beach First National Bancshares, Inc.)

Citation:
Vieira v. Anderson (In re Beach First National Bancshares, Inc.), No. 11-2019, 2012 U.S. App. LEXIS 26569 (4th Cir. Dec. 28, 2012).
Ruling:
The Court of Appeals for the Fourth Circuit affirmed the district court's judgment, which dismissed the trustee's complaint for negligence and breach of fiduciary duty against the former officers...
Judge(s):
Judge Agee, Judge Wynn, and Judge Floyd
Tag(s):

Wincopia Farms, LP v. G&G, LLC (In re Wincopia Farms, LP)

Citation:
Wincopia Farms, LP v. G&G, LLC (In re Wincopia Farms, LP), Nos. 12-1064 and 12-1080 (4th Cir. Dec. 12, 2012)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's order adopting the Bankruptcy Court's recommendation that Plaintiff/Debtor's fraud complaint be dismissed....
Judge(s):
Chief Judge William B. Traxler, Jr., Judge Albert Diaz and Judge Catherine C. Eagles (United States District Judge for the Middle District of North Carolina, sitting by designation)
Tag(s):

Johnson v. Zimmer

Citation:
Tanya Rene Johnson v. William H. Zimmer, et al., No. 11-2034 (4th Cir. July 11, 2012).
Ruling:
In this 2-1 ruling, the Fourth Circuit adopted the "economic unit" standard for determining household size under the Chapter 13 Means Test. It also held that a part-time household member, such as a...
Judge(s):
Judge G. Steven Agee wrote the opinion of the Court affirming the Bankruptcy Court, which was joined by Judge Robert B. King. Judge J. Harvie Wilkinson, III, wrote a dissenting opinion.
Tag(s):

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