Biltmore Investments, LTD. v. TD Bank, N.A.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
2Per curiam
TD Bank, N.A., appeals the district court’s Order of December 22, 2014 (the “Order”), reversing the bankruptcy court’s order and concluding that the automatic stay, see 11 U.S.C. § 362, bars TD Bank from satisfying its state court judgment against Walter McGee by foreclosing on McGee’s common stock in Biltmore Investments, Ltd., the debtor in the underlying bankruptcy proceeding. Because the automatic stay had already expired when the bankruptcy court confirmed Biltmore’s plan…
3Cases cited5 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Genesis HealthCare Corp. v. SymczykSupreme Court of the United States · 2013
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
- United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006
- Lowell P. McKinney v. Waterman Steamship CorporationCourt of Appeals for the First Circuit · 1991
4Cited by1 opinion
- Christopher S. HarrisonUnited States Bankruptcy Court, E.D. North Carolina · 2022