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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

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2011 WL 2550435 (09-2344) (4th Cir. June 28, 2011) (unpublished)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In an unpublished opinion, the Fourth Circuit affirmed the District Court, holding that, under applicable Pennsylvania law, the spendthrift provisions of two trusts of which the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Case No. 10-1306 and 10-1379 (UNPUBLISHED, June 17, 2011)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):

Bernardo v. National City Real Estate Services, LLC

Citation:
___ F. 3d ___ (4th Cir. 2011), Slip Op. May 26, 2011, Dkt No. 10-1803
Ruling:
Applying Virginia law, the Court interpreted the language of the note providing the lender "may transfer this Note" as meaning exactly that: the lender may transfer the note. The note is a...
Judge(s):
Wilkinson, Keenan, and Diaz, Circuit Judges
Tag(s):

Horvath v. Bank of New York, N.A.

Citation:
___ F.3d ___ (4th Cir. May 19, 2011) (Case No. 10-1528)
Ruling:
The Fourth Circuit Court of Appeals upheld over a century of well established Virginia law. Primarily, the Fourth Circuit maintained Virginia's long history of ensuring that negotiable instruments...
Tag(s):

Scott v. Bierman

Citation:
No. 10-1483 (4th Cir. May 12, 2011)
Ruling:
On direct appeal, the Fourth Circuit affirmed the Bankruptcy Court for the District of Maryland's holding that property (i) sold at a properly noticed foreclosure sale, (ii) with the foreclosure...
Tag(s):

Calhoun v. U.S. Trustee

Citation:
No. 09-1646 (4th Cir. May 3, 2011)
Ruling:
Affirmed. The bankruptcy court looked at the totality of the debtors' financial circumstances and determined that based upon the debtors' ability to pay their creditors and other considerations,...
Judge(s):
Berger,Motz & Wynn
Tag(s):

State of Maryland v. Ciotti (In re Ciotti)

Citation:
No. 10-1083, 2011 WL 790309 (4th Cir. Mar. 8, 2011)
Ruling:
The report required from a taxpayer by Maryland Code Annotated Tax-General § 13-409(b) qualifies as an "equivalent report or notice" within the meaning of 11 U.S.C. § 523(a)(1)(B). The debtor's...
Judge(s):
William B. Traxler, Jr, Chief Judge, Robert B. King, Circuit Judge, James A. Wynn, Jr., Circuit Judge.
Tag(s):

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