Warren v. Sessoms & Rogers, P.A.

Citation:
___ F.3d ___ (4th Cir. Jan. 11, 201s) (Case Nos. 10-2105, 10-2155)
Ruling:
The Fourth Circuit Court of Appeals reversed the decision of the United States District Court for the Eastern District of North Carolina, finding that the court erred in (1) granting Appellees'...
Judge(s):
Judges Motz, Gregory, and Floyd
Tag(s):

Lee v. Anasti (In re Lee)

Citation:
No. 10-1772; No. 10-1774 (4th Cir. Jan. 6, 2012) (Unpublished)
Ruling:
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
Tag(s):

Behrmann v. National Heritage Foundation, Inc.

Citation:
John R. Berhmann v. Nat'l Heritage Foundation, Inc., ___ F.3d ___ (4th Cir. 2011) (Case No.:10-2015); 2011 U.S. App. LEXIS 24454
Ruling:
The United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) held that equitable relief in the form of non-debtor release provisions in a plan of reorganization is...
Judge(s):
Before Traxler, Chief Judge, and Agee and Diaz, Circuit Judges (opinion by Judge Diaz)
Tag(s):

McDow v. Dudley

Citation:
7:09-cv-00336-sgw (4th Cir. 2011)
Ruling:
The Fourth Circuit Court of Appeals vacated the order of the Virginia District Court, and ruled that a Bankruptcy Court's order denying a Chapter 7 motion to dismiss as abusive pursuant to 11...
Judge(s):
Niemeyer, King, and Agee (Circuit Judges)
Tag(s):

Smith v. EVB

Citation:
___ F.3d ___ (4th Cir. July 12, 2011) (Case No. 10-1873)
Ruling:
In vacating and remanding the grant of summary judgment and the award of $22,235.90 in attorneys fees, the Fourth Circuit Court of Appeals was tasked with interpreting the definition of the term...
Tag(s):

Matson v. Alarcon

Citation:
2011 U.S. App. LEXIS 13729 (4th Cir. July 6, 2011)(published)
Ruling:
For purposes 11 U.S.C. § 507(a) (4), severance compensation was "earned" by former employee claimants on the day they became participants in the debtor's severance plan immediately after their...
Tag(s):

Levin v. Wachovia Bank

Citation:
2011 WL 2550435 (09-2344) (4th Cir. June 28, 2011) (unpublished)
Ruling:
In an unpublished opinion, the Fourth Circuit affirmed the District Court, holding that, under applicable Pennsylvania law, the spendthrift provisions of two trusts of which the chapter 7 debtor...
Judge(s):
Wynn (concurring Motz, Gilman)
Tag(s):

Grant Thornton, LLP v. FDIC

Citation:
Case No. 10-1306 and 10-1379 (UNPUBLISHED, June 17, 2011)
Ruling:
The Fourth Circuit affirmed the judgment of the district court as to all issues except the calculation of settlement credit for which it remanded for further proceedings. The Court specifically...
Tag(s):

Botkin v. DuPont Community Credit Union

Citation:
No. 10-1681 (4th Cir. Jun. 13, 2011)
Ruling:
"[T]he Code plainly provides that debtors need not claim an exemption as a precondition of avoiding a lien that the debtor contends impairs that exemption." Slip. op. at 8.
Tag(s):

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