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Home » 4th Circuit

Fina v. Fina (In re Fina)

  • Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
  • 12 years 2 months ago
Citation:
Fina v. Fina (In re Fina), No. 12-2526, 2014 WL 46166 (4th Cir. Jan. 7, 2014).
Ruling:
The Fourth Circuit affirmed the district court’s order upholding the decision of the bankruptcy court to impose contempt sanctions against the appellants for violation of the discharge injunction.
Judge(s):
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Tag(s):

Jaffe v. Samsung Electronics Company, Limited

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 12 years 3 months ago
Citation:
Jaffe v. Samsung Electronics Co., Ltd., et al., Case No. 12-1802 (4th Cir. Dec. 3, 2013)
Ruling:
The bankruptcy court properly recognized that in considerting a request for discretionary relief under section 1521(a), the court must also apply the balancing test set forth in section 1522(a). ...
Judge(s):
Niemeyer, Wynn, and Floyd, Circuit Judges
Tag(s):

Reeves v. Callaway

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 12 years 4 months ago
Citation:
Reeves v. Callaway, 2013 U.S. App. LEXIS 23358, Case No. 12-2127 (4th Cir. Nov. 20, 2013) (unpublished) (per curiam)
Ruling:
PER CURIAM Affirming the Bankruptcy Court and District Court holdings: Debtors' Residence remained property of the bankruptcy estate despite the bankruptcy court allowing Debtors to reserve an...
Judge(s):
Judges Dennis W. SHEDD and James A. WYNN, Jr., and Senior Judge Clyde H. HAMILTON
Tag(s):

Carroll v. Logan

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 12 years 4 months ago
Citation:
Carroll v. Logan, ___ F.3d ___, Case No. 13-1024 (4th Cir. October 28, 2013).
Ruling:
The Fourth Circuit adopted the majority view that section 1306 modifies the section 541 time period in Chapter 13 cases. Accordingly, a Chapter 13 bankruptcy estate consists of (i) property...
Judge(s):
Niemeyer, Wynn, and Floyd
Tag(s):

Mort Ranta v. Gorman

  • Summarized by John Bollinger , Boleman Law Firm, PC
  • 12 years 8 months ago
Citation:
Robert D. Mort Ranta v. Gorman, Trustee (In re Mort Ranta) Case No.12-2017 (4th Cir. July 1, 2013)
Ruling:
Holding that “for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of ‘projected disposable income’ under § 1325(b)(2)”,...
Judge(s):
Before Circuit Judge Gregory, Circuit Judge Agee and Judge Faber (United States District Judge for the Southern District of West Virginia, sitting by designation). Judge Gregory wrote the majority opinion, in which Judge Agee joined. Judge Faber wrote a dissenting opinion.
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 12 years 9 months ago
Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Wilson v. Dollar General Corp.

  • Summarized by John Bollinger , Boleman Law Firm, PC
  • 12 years 10 months ago
Citation:
Wilson v. Dollar General et al., Case No.12-1573 (4th Cir. May 17, 2013)
Ruling:
AFFIRMING the District Court, the 4th Circuit Court of Appeals upheld the District Court’s granting of summary judgment in favor of Dollar General. The Court first held that a Chapter 13 Debtor...
Judge(s):
Circuit Judges Thacker, Niemeyer and Agee
Tag(s):

Branigan v. Davis (In re Davis)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 12 years 10 months ago
Citation:
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Tag(s):

Randle v. H&P Capital, Inc.

  • Summarized by Deborah Crowder , U.S. Bankruptcy Court, Western District of North Carolina
  • 13 years 2 weeks ago
Citation:
Randle v. H&P Capital, Inc., No. 10-2258 (4th Cir. March 5, 2013) (unpublished)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's award of Plaintiff's attorneys fees. The District Court has broad discretion to award attorney's fees, and is...
Judge(s):
Judge Diana Gribbon Motz, Judge Robert B. King, and Judge James A. Wynn, Jr.
Tag(s):

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