Legal Opinion
In Re: Ralph T. Byrd, Debtor, Platinum Financial Services Corporation, Roger Schlossberg, Chapter 7 Trustee, Trustee-Appellant v. Ralph T. Byrd
Court of Appeals for the Fourth Circuit
Decided February 11, 2004No. 03-1185PublishedCited by 50 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge MOTZ joined.
OPINION
WILKINSON, Circuit Judge:
The question here is whether an un-stayed state court judgment that is pending appeal can constitute a “bona fide dispute” for purposes of the Bankruptcy Code. 11 U.S.C. § 303(b) (2000). Defendant Ralph T. Byrd is a Maryland attorney who was unable to pay sizeable balances that he accrued on various credit cards. Platinum Financial Services Corporation (“Platinum”) held some of Byrd’s credit card accounts, and it reduced over $32,000…
2Cases cited28 opinions
- In Re: Genesys Data Technologies, IncorporatedCourt of Appeals for the Fourth Circuit · 2000
- In the Matter of Jane Marlene Busick, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1987
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- Bartmann v. Maverick Tube Corp.Court of Appeals for the Tenth Circuit · 1988
- Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
23 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Microstrategy, Inc. v. Business Objects, s.a.Court of Appeals for the Federal Circuit · 2005
- TW Telecom Holdings Inc. v. Carolina Internet Ltd.Court of Appeals for the Tenth Circuit · 2011
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Georges Marciano v. Steven ChapnickCourt of Appeals for the Ninth Circuit · 2013
- Credit Union Liquidity Services, L.L.C. v. Green Hills Development Co.Court of Appeals for the Fifth Circuit · 2014
45 more not listed; retrieve them via the Exa API.