4th Circuit

Now Updating

Jared C. Walters, Trustee v. Jeanne A. Gallegos, et al.

Summarizing by David Treacy

Smith v. EVB

Summarized by Jon Powers , White and Williams LLP
12 years 4 months ago

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):

4th Circuit

Matson v. Alarcon

Summarized by Lynn Tavenner , Tavenner & Beran, PLC
12 years 5 months ago

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):

4th Circuit

Levin v. Wachovia Bank

Summarized by Beth Harrill , U.S. Bankruptcy Court, Northern District of Georgia
12 years 5 months ago

Citation:: 2011 WL 2550435 (09-2344) (4th Cir. June 28, 2011) (unpublished)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In an unpublished opinion, the Fourth Circuit affirmed the District Court, holding that, under applicable Pennsylvania law, the spendthrift provisions of two trusts of which the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):

4th Circuit

Grant Thornton, LLP v. FDIC

Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
12 years 5 months ago

Citation:: Case No. 10-1306 and 10-1379 (UNPUBLISHED, June 17, 2011)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):

4th Circuit

Botkin v. DuPont Community Credit Union

Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
12 years 5 months ago

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):

4th Circuit

Goldman v. Capital City Mortgage Corp. (In re Nieves)

Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
12 years 5 months ago

Citation:: not yet available

Ruling:

In a seminal ruling on section 550(b)(1) in the Fourth Circuit, the Court addressed the voidability of the third transfer in a series of transfers that began with a voidable no-consideration deed. ...

Tag(s):

4th Circuit

Bernardo v. National City Real Estate Services, LLC

Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
12 years 6 months ago

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.

Summarized by Jon Powers , White and Williams LLP
12 years 6 months ago

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):

4th Circuit

Scott v. Bierman

Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
12 years 7 months ago

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):

4th Circuit

Calhoun v. U.S. Trustee

Summarized by John Bollinger , Boleman Law Firm, PC
12 years 7 months ago

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

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