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Decided: April 27, 2016
The Fourth Circuit affirmed in part, reversed in part, and remanded for review.
In 2011, plaintiffs, William Anderson, Jr. and Danni Jerrigan purchased a house from defendants, Wayne and Tina …
Decided: March 11, 2016
The Fourth Circuit found that the elements of res judicata were satisfied and therefore the affirmed the lower court’s decision dismissing Plaintiff’s lawsuit against Defendant.
Plaintiff, Providence Hall Associates Limited …
Decided: January 26, 2016
The Fourth Circuit affirmed the judgment of the district court.
On February 3, 2010, Henry L. Anderson, Jr. (the “Debtor”) filed a voluntary petition for relief under Chapter 11 of the …
Decided: July 1, 2015
The Fourth Circuit vacated the judgment awarded by the district court, reversed its order dismissing the plaintiff’s claims against the Substitute Trustee, and remanded for further proceedings.
This appeal stemmed from …
Decided: April 27, 2015
The Fourth Circuit reversed and remanded the district court’s decision to deny dismissal of a trustee’s complaint because the trustee’s complaint was filed sixty-nine days after the creditors’ meeting, as opposed …
Decided: July 28, 2014
The Fourth Circuit held that Railworks could not recover a premium payment transfer under 11 U.S.C. § 550, nor avoid the transfer under 11 U.S.C. § 547, following a Chapter 11 …
Decided: July 25, 2014
The Fourth Circuit affirmed the district court, and held that the National Heritage Foundation (“NHF”) failed to demonstrate exceptional circumstances to justify the enforcement of the Release Provision in its Chapter …
Decided: June 27, 2014
The Fourth Circuit held that the Non-Debtor Release Provision provided in the National Heritage Foundation’s (NHF) Chapter 11 reorganization plan was unenforceable, which affirmed the bankruptcy and district courts’ holding.
NHF, …
Decided: May 22, 2014
The Fourth Circuit, affirming the decisions of the bankruptcy and district courts, held that under North Carolina law, where a creditor subcontractor is entitled to a lien upon funds a third …
Decided: April 28, 2014
The Fourth Circuit held that, absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7). Thus, the Court reversed and remanded …
Decided: April 17, 2014
The Fourth Circuit reversed the district court’s finding that a resulting trust severed the plaintiff’s legal and equitable interests in property. Thus, the Fourth Circuit stated that the district court’s judgment …
Decided: March 11, 2014
The Fourth Circuit held that the United States District Court for the Western District of Virginia properly concluded that the attorney’s fees expended by Jordan Oil in defense of its interests …
Decided: February 21, 2014
The Fourth Circuit, finding that (1) the lower courts applied the correct legal principles relevant to evaluating defendant’s good-faith affirmative defense and (2) the lower courts did not clearly err in …
Decided: January 17, 2014
The Fourth Circuit reversed and remanded the district court’s order directing a defendant to pay restitution to victims that he defrauded because the crime for which the defendant was convicted did …
Decided: December 3, 2013
The Fourth Circuit held that the bankruptcy court reasonably exercised its discretion in balancing the interests of licensees with the interests of the debtor and found that application of Section 365(n) …