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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

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In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's order adopting the Bankruptcy Court's recommendation that Plaintiff/Debtor's fraud complaint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):

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):

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