Tag Archives: bankruptcy

July 28, 2014 4th Circuit published opinions

Bostic v Schaefer Bositc and others sued Shaefer and other state officials seeking declaration that Virginia’s constitutional and statutory bans on same sex marriage violate the 14th Amendment. The district court granted summary judgment to Bostic and the other plaintiffs. … Continue reading

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June 27, 2014 4th Circuit published opinions

National Heritage Foundation, Incorporated v Highbourne Foundation National appealed the bankruptcy court’s rejection of a nondebtor release provision in its reorganization plan. The district court affirmed and the panel affirmed as well. Applying the factors in 4th Circuit precedent, it … Continue reading

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June 12, 2014 United States Supreme Court opinions

Clark v Rameker Clark field for bankruptcy and claimed the IRA which she inherited from her mother as an exemption under 11 USC 522(b)(3)(C). The claim was disallowed and this was ultimately upheld by the 7th Circuit. Resolving a circuit … Continue reading

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June 9, 2014 United States Supreme Court opinions

Scialabba v Cuellar de Osorio Cuellar filed an application for immigrant visa and one of the minors listed as a derivative applicant turned 21 while waiting for the visa to be processed. The immigration service gave the derivative applicant the … Continue reading

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May 22, 2014 4th Circuit published opinion

In re Construction Supervision Services, Inc. (Branch Banking & Trust Company v Construction Supervision Services, Inc.) After Services filed for bankruptcy, several subcontractors moved to be allowed to perfect their state law materialman liens. Company objected. The bankruptcy court allowed … Continue reading

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April 28, 2014 4th Circuit published opinion

In re Rowe The bankruptcy court refused to award the trustee in Rowe’s Chapter 7 case the commission set out in 11 USC 326 based on dissatisfaction with the administration of the estate. The district court affirmed on appeal. The … Continue reading

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April 17, 2014 4th Circuit published opinion

Anderson v Architectural Glass Construction Inc. (in re Pfister) Anderson, trustee in Pfister’s bankruptcy case, sued to have the transfer of real property to Construction set aside as constructively fraudulent. The bankruptcy court granted the relief, but, the district court … Continue reading

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March 28, 2014 4th Circuit published opinion

Pliler v Stearns Pliler filed for Chapter 13 bankruptcy and submitted a plan which would terminate less than five years after payments started. Stearns, the trustee, objected arguing that under 11 USC 1325, above average income debtors like Pliler must … Continue reading

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March 4, 2014 united States Supreme Court opinions

Lawson v FMR, LLC Lawson sued FMR alleging retaliation in violation of the Sarbanes-Oxley whistleblower protection 18 USC 1514A. FMR moved to dismiss arguing that 1514A only applied to employees of the publicly listed company alleged to be committing fraud … Continue reading

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December 3, 2013 4th Circuit published opinions

Jaffe v Samsung Electronics Company, Limited Jaffe was the administrator of a bankrupt German manufacturer. He filed a Chapter 15 petition to be appointed administrator of the manufacturer’s United States assets which were almost entirely patents. The bankruptcy court approved … Continue reading

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