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):

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No. 10-1772; No. 10-1774 (4th Cir. Jan. 6, 2012) (Unpublished)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):

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