4th Circuit

Smith, In re--Smith v. Citizens Fin. Grp., Inc.

Ruling: 
Bankruptcy court abstained from hearing complaint where it could not determine whether res judicata applied and a ruling on the merits would disturb the prior state court judgment regardless of the applicability of the Rooker-Feldman doctrine. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-117

McMaken, In re

Ruling: 
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097

C & M Invs. of High Point Inc., In re

Ruling: 
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on September 04,2018, LexisNexis #1018-087

Patriot Coal Corp., In re--Parsley v. Blackhawk Mining, LLC

Ruling: 
Motion to transfer granted as it is in the interests of justice for the home court, which hadconfirmed the debtors' chapter 11 plan, to interpret the disputed asset purchase agreementthat had been incorporated in the plan. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-088

Williams, In re--Fitzgerald v. Delafield

Ruling: 
Defendants were not entitled to a stay pending appeal of an order imposing the sanction of afive-year suspension from practice before the court. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #1018-090

Randle, In re--Randle v. Saga Auto Sales, Inc.

Ruling: 
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065

Smith, In re--Smith v. Smith

Ruling: 
Court found that the state court's order directing the debtor to pay his ex-wife from his 401(k) plan was a nondischargeable domestic support obligation as debtor was primary source of income for his family and his wife was not likely to earn more than the minimum wage. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-044

DeWayne, In re--DeWayne v. First Nat'l Bank

Ruling: 
Trustee's failure to pursue nondisclosed claim does not constitute abandonment by the trustee. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-052

Dotson, In re

Ruling: 
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC

Ruling: 
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026

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