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Summaries by Brooke Schumm

Han v. Official Committee of Unsecured Creditors (In re Kang)

Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation:
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling:
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Judge(s):
Diaz, Wilkinson and Niemeyer
Tag(s):

Gold v. First Tennessee Bank National Association (In re Taneja)

Citation:
In re Taneja (Gold, Trustee, v. First Tennessee Bank, N.A., Slip Opin., February Case No 13-1058, (4th Cir. 2014) (scheduled for publication)
Ruling:
Over a dissenting opinion, the Circuit Court affirmed 2-1 the ruling of the District Court on appeal, and the bankruptcy court's finding at trial that the Bank was a good faith transferee of assets...
Judge(s):
Keenan, Wynn, Thacker (dissenting)
Tag(s):

Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo)

Citation:
Bank of New York Mellon Trust Co., N.A. v. Tysons Financial, LLC (In re Botero-Paramo), Slip Opinion, June 8, 2012, Case No. 11-1886 (4th Cir. 2012).
Ruling:
The Fourth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. In an extremely fact specific unpublished opinion, all of the courts considering the facts...
Judge(s):
Chief Judge Traxler, Circuit Judges King and Duncan.
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):

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):

United States v. Wolff (In re Firstpay, Inc.)

Citation:
Not available-please note the decision is "Unpublished", and therefore not binding precedent in this Circuit.
Ruling:
The Circuit Court affirmed the lower court on denial of the claim of the trustee concerning lack of recoverability of fraudulent transfers from the IRS and various other trustee claims. The...
Judge(s):
Circuit Judges Michael and Davis, Chief U.S.Dist. J. Beaty (M.D.N.C., sitting by designation)
Tag(s):

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