The 4th Circuit affirmed the bankruptcy court's determination that the debtor's sale of her residence without prior approval of the bankruptcy court violated the terms of the Local Rule, but it...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge George Steven Agee; Circuit Judge Paul Victor Niemeyer
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...
Judge(s):
Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
10 years 10 months ago
Citation:
Case No. 1:14-cv-01017-GBL-JFA
Ruling:
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
12 years 1 month 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.
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
13 years 2 months ago
Citation:
Vieira v. Anderson (In re Beach First National Bancshares, Inc.), No. 11-2019, 2012 U.S. App. LEXIS 26569 (4th Cir. Dec. 28, 2012).
Ruling:
The Court of Appeals for the Fourth Circuit affirmed the district court's judgment, which dismissed the trustee's complaint for negligence and breach of fiduciary duty against the former officers...
Summarized by Jennifer Lyday , Waldrep Wall Babcock & Bailey PLLC
13 years 11 months ago
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.
