Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 3 months ago
Citation:
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling:
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where...
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...
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.
Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 9 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
The Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the District of South Carolina at Beaufort granting summary judgment in favor of the defendants.
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
11 years 10 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...
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.
In a one paragraph, unpublished per curiam opinion the Fourth Circuit affirmed the decision of the district court for the Eastern District of Virginia upholding the bankruptcy court's denial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.
