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Decided: October 28, 2013
The Fourth Circuit held that a Chapter 13 bankruptcy debtor’s estate includes the debtor’s inheritance of property beyond the 180-day time limit under Bankruptcy Code § 541 but before the close, …
Decided: October 23, 2013
The Fourth Circuit held that the bankruptcy court correctly determined that it lacked the authority to “strip off” the debtor’s valueless lien because only the debtor’s interest in the estate was …
Decided: July 1, 2013
The Fourth Circuit held that a bankruptcy court’s denial of confirmation of a debtor’s debt adjustment plan under Chapter 13 of the Bankruptcy Code (“Chapter 13”), 11 U.S.C. §§ 1301–30, and …
Decided: June 4, 2013
The Fourth Circuit affirmed the District Court for the District of Maryland, which affirmed the bankruptcy court’s finding of fraud and entry of a non-dischargeable judgment in favor of the Appellee, …
Decided: May 17, 2013
The Fourth Circuit affirmed the United States District Court for the Western District of Virginia.
In his youth, Wilson suffered a detached retina in his right eye causing permanent blindness in …
Decided: May 24, 2013
The Fourth Circuit affirmed the district court’s grant of summary judgment in favor of the defendants following the bankruptcy and collapse of an alleged Ponzi scheme. The court held that the …
Decided: May 10, 2013
The Fourth Circuit Court of Appeals affirmed the bankruptcy court’s confirmation orders stripping off junior liens against debtors’ residences. The Chapter 13 bankruptcy trustee (the “Trustee”) challenged the confirmation orders. However, …
Decided: March 1, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s award of summary judgment by the bankruptcy court to The Hanover Insurance Co. (“Hanover”). The court found that ESA’s transfer of …
Decided: December 28, 2012
This matter arose out of an action brought by the trustee in bankruptcy of Beach First National Bancshares, Inc. (the “Trustee” and “Bancshares,” respectively) against the former directors and officers of …
Decided on: July 11, 2012
Johnson (“the Debtor”) filed a voluntary petition for Chapter 13 bankruptcy in September 2010. The Debtor and her ex-husband (“the Creditor”) share joint custody of two minor sons. The sons …
Decided: June 14, 2012
In this case, the Fourth Circuit resolved a longstanding division among bankruptcy and district courts, holding that the “absolute priority” rule remains applicable to individual debtors who file a Chapter 11 …