Terry v. SunTrust Banks, Inc.

Citation:
Terry v. SunTrust Banks Inc., Case No. 11-1704 (4th Cir. July 2, 2012).
Ruling:
SunTrust, which held the general operating account of LandAmerica 1031 Exchange Services, Inc. ("LES"), sold LES certain securities, and extended LES a line of credit, could not be held liable for...
Judge(s):
Agee, J; Davis, J; and Wynn, J.
Tag(s):

In re Maharaj

Citation:
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
Tag(s):

Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo)

Citation:
Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo), Slip Opinion, June 8, 2012, Case No. 11-1886 (4th Cir. 2012).
Ruling:
The Fourth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. In an extremely fact specific unpublished opinion, all of the courts considering the facts...
Judge(s):
Chief Judge Traxler, Circuit Judges King and Duncan.
Tag(s):

U.S. v. Powell

Citation:
U.S. v Powell , Case No.11-4724 (4th Cir. May 16, 2012)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals held that the District Court did not commit reversible error by failing to provide the jury with the Defendant's three specific jury...
Judge(s):
Judge Floyd wrote the opinion, in which Judge Shedd & Judge Keenan joined.
Tag(s):

Gilbert v. Residential Funding LLC

Citation:
Gilbert v. Residential Funding LLC, Case No. 10-2295 (4th Cir., May 3, 2012)
Ruling:
A lawsuit seeking rescission of a mortgage loan is timely under the Truth in Lending Act where the consumer provided notice of rescission to the subservicer within three years of closing but did...
Judge(s):
Chief Judge Traxler, Judge Floyd and J. Michelle Childs, United States District Judge, District of South Carolina (sitting by designation)
Tag(s):

LaRosa v. LaRosa

Citation:
LaRosa v. LaRosa, No. 11-1306 (4th. Cir. April 30, 2012).
Ruling:
On appeal and cross-appeal from the judgment of the United States District Court for the Northern District of West Virginia, the Fourth Circuit considered whether the plaintiff's West Virginia...
Judge(s):
Neimeyer, J., Gregory, J., Floyd, J.
Tag(s):

Morris v. Quigley (In re Quigley)

Citation:
Morris v. Quigley (In re Quigley), Case No. 5:08-cv-00126-FPS, 2012 U.S. App. LEXIS 4732 (4th Cir. March 7, 2012).
Ruling:
Guided by the decision of the United States Supreme Court in Hamilton v. Lanning, 130 S. Ct. 2464 (2010), the 4th Circuit reversed the decision of the district court and held that the Debtor should...
Judge(s):
Before Chief Judge William B. Traxler, Judge Diana Gribbon Motz, and Dennis W. Shedd. Chief Judge Traxler wrote the opinion, in which Judge Motz and Judge Shedd joined.
Tag(s):

SunTrust Bank, N.A. v. Macky (In re McCormick)

Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
Tag(s):

McDaniel v. Blust

Citation:
McDaniel v. Blust, --- F.3d ----, 2012 WL 401591 (4th Cir. Feb. 9, 2012)
Ruling:
The Fourth Circuit Court of Appeals (the “Circuit Court”) ruled that the claims of Plaintiffs-Appellants James Mark McDaniel, Jr. and Dr. C. Richard Epes (collectively, “Appellants”)...
Judge(s):
Traxler, Gregory, Wynn
Tag(s):

Gentry v. Siegel

Citation:
Gentry v. Siegel (In re Circuit City Stores, Inc.) Slip Opinion (for publication), Case No. 10-2418 (4th Cir. 2012)
Ruling:
A class proof of claim may be filed by a claimant, and a class may be certified pursuant to Rule 7023 under Rule 9014 subsequent to the filing of the putative class claim and at any time subsequent...
Judge(s):
Niemeyer, Shedd, Davis.
Tag(s):

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