4th Circuit | ABI Volo - Circuit Court opinion summaries

4th Circuit: Lecann v. Cobham (In re Cobham)

RAGREENLEAF — Fri, 14 Oct 2016 21:47:04 +0000

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Citation:

Lecann v. Cobham (In re Cobham), No. 16-1010, 2016 WL 5956692 (4th Cir. Oct. 14, 2016) (per curiam)

Ruling:

Fourth Circuit affirmed the determination that the judgment debt at issue is nondischargeable under section 523(a)(6) as the bankruptcy court had found and declined to reach the district court's alternative holding that 523(a)(4) applied. Specifically, the Court applied Rule ...

Judge(s):

Robert B. King, Allyson K. Duncan, and Henry F. Floyd

4th Circuit: Dubois v. Atlas Acquisitions LLC (In re Dubois)

KSIRACUSA@MILESSTOCKBRIDGE.COM — Thu, 25 Aug 2016 21:17:55 +0000

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Citation:

Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)

Ruling:

The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and affirmed the bankruptcy court’s dismissal of Appellants’ ...

Judge(s):

Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.

4th Circuit: PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

ABROGAN@CLRBFIRM.COM — Mon, 15 Aug 2016 21:20:49 +0000

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Citation:

Case No. 15-1669 (4th Cir., Aug. 12, 2016)

Ruling:

Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision, affirmed and upheld lower court judgments which re-characterized debt ...

Judge(s):

Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation

4th Circuit: Sheehan v. Saoud, et al.

RSTENZHORN@4000LAW.COM — Tue, 24 May 2016 20:46:42 +0000

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Citation:

Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)

Ruling:

Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).

Judge(s):

Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.

4th Circuit: Anderson, et al. v. Logan

RAGREENLEAF — Thu, 28 Apr 2016 20:41:20 +0000

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Citation:

No. 15-1505, (4th Cir. Apr. 27, 2015)

Ruling:

Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...

Judge(s):

Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.

4th Circuit: Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

SJT@GOODWINGOODWIN.COM — Wed, 06 Apr 2016 20:30:28 +0000

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Citation:

Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)

Ruling:

The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of collaterally attacking a state court's pre-petition ruling on ...

Judge(s):

Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.

4th Circuit: Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

BSCHUMM@DANMCLAW.COM — Fri, 11 Mar 2016 21:07:16 +0000

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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 the Debtor was in a later-dismissed chapter 11, the ...

Judge(s):

Diaz, Wilkinson and Niemeyer

4th Circuit: Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.)

LTAVENNER@TB-LAWFIRM.COM — Wed, 27 Jan 2016 22:06:44 +0000

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Citation:

Stubbs & Perdue, P.A. v. Angell (In re Anderson, Jr.), Case No. 15-1316 (4th Cir. Jan. 26, 2016).

Ruling:

Affirming the district court, the Fourth Circuit held that the bankruptcy court correctly interpreted/applied Landgraf v. USI Film Products, 511 U.S. 244 (1994), to find that the version of 11 U.S.C. § 724(b)(2) in effect at the time the bankruptcy ...

Judge(s):

Wilkinson, Keenan, and Harris

4th Circuit: Biltmore Investments, LTD v. TD Bank, N.A.

ABROGAN@CLRBFIRM.COM — Thu, 01 Oct 2015 20:53:46 +0000

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Citation:

Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).

Ruling:

The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from foreclosing on the stock of ...

Judge(s):

Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.

4th Circuit: Jones v. Dancel

ABROGAN@CLRBFIRM.COM — Mon, 06 Jul 2015 19:15:10 +0000

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Citation:

14-2160; 4th Cir. July 6, 2015

Ruling:

In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and “among the narrowest known at law” and affirmed the judgment ...

Judge(s):

Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.

4th Circuit: Williams v. Lynch (In re Lewis, Jr.)

jrbollinger@bolemanlaw.com — Tue, 09 Jun 2015 19:57:02 +0000

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Citation:

Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)

Ruling:

In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from practicing in the bankruptcy court, the disgorgement of attorney’s fees and the imposition of ...

Judge(s):

Keenan, Wynn and Diaz, Circuit Judges

4th Circuit: Jenkins v. Simpson

SJT@GOODWINGOODWIN.COM — Mon, 27 Apr 2015 19:41:08 +0000

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Citation:

Jenkins v. Simpson, Case No. 14-1385 (4th Cir. April 27, 2015) (published opinion)

Ruling:

The Fourth Circuit Court of Appeals held that a meeting of creditors that was not continued by announcement at the meeting, or by a subsequent filing, of the time and place for the continued hearing, as required by Bankrtupcy Rule ...

Judge(s):

Before Motz, Keenan and Thacker, Circuit Judges. Opinion written by Judge Motz in which Judges Keenan and Thacker joined.

4th Circuit: Fitzgerald v. Gorman (In re Fitzgerald)

jlyday@wcsr.com — Mon, 27 Apr 2015 19:53:48 +0000

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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 not clearly erroneous. The debtor's secured debt total ...

Judge(s):

Shedd, Duncan, and Thacker

4th Circuit: Moses v. Cashcall, Inc.

RSTENZHORN@4000LAW.COM — Tue, 17 Mar 2015 13:47:17 +0000

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Citation:

Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)

Ruling:

Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...

Judge(s):

Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis

4th Circuit: Covert, et al. v. LVNV Funding, LLC, et al.

ELIZABETH.GUNN@DSS.VIRGINIA.GOV — Wed, 04 Mar 2015 17:04:12 +0000

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Citation:

___ F.3d ___, Case No. 14-1016 (4th Cir. Mar. 3, 2015)

Ruling:

Dismissal of class action lawsuit filed by chapter 13 debtors against debt collectors for violation of the Federal Debt Collections Practices Act for filing proofs of claim without a Maryland debt collection license affirmed. Plaintiffs' claims should have been ...

Judge(s):

Niemeyer, Shedd, and Keenan