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In re Byrd

United States Court of Appeals, Fourth Circuit
Nov 19, 2009
352 F. App'x 775 (4th Cir. 2009)

Summary

affirming a bankruptcy court's sanctions and attorneys' fees for the party's automatic stay and Barton Doctrine violations

Summary of this case from Cappuccilli v. Lewis

Opinion

Nos. 08-1988, 08-1989.

Submitted: November 17, 2009.

Decided: November 19, 2009.

Appeals from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:07-cv-02960-AW; 8:07-cv-03049-AW).

Ralph T. Byrd, Laytonsville, Maryland, for Appellants. Stephen A. Metz, John D. Sadler, Shulman, Rogers, Gandal, Pordy Ecker, P.A., Potomac, Maryland; James M. Hoffman, Offit Kurman, Bethesda, Maryland, for Appellees.

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Beverly and Ralph Byrd appeal from the district court's orders affirming the bankruptcy court's orders finding them in contempt and imposing sanctions against them for (1) failing to timely to produce documents and information as ordered by the bankruptcy court and (2) willfully violating the automatic stay and the Barton Doctrine, and the injunction order issued by the bankruptcy court. We have reviewed the record on appeal and the briefs filed by the parties and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Byrd v. Hoffman, Nos. 8:07-cv-02960-AW; 8:07-cv-03049-AW (D. Md., July 31, 2008; filed July 30; entered July 31, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

Barton v. Barbour, 104 U.S. 126, 127, 26 L.Ed. 672 (1881) (requiring that, "before suit is brought against a receiver, leave of the court by which he was appointed must be obtained").

AFFIRMED.


Summaries of

In re Byrd

United States Court of Appeals, Fourth Circuit
Nov 19, 2009
352 F. App'x 775 (4th Cir. 2009)

affirming a bankruptcy court's sanctions and attorneys' fees for the party's automatic stay and Barton Doctrine violations

Summary of this case from Cappuccilli v. Lewis
Case details for

In re Byrd

Case Details

Full title:In re: Beverly BYRD; Ralph T. Byrd, Debtors. Beverly Byrd; Ralph T. Byrd…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 19, 2009

Citations

352 F. App'x 775 (4th Cir. 2009)

Citing Cases

Cappuccilli v. Lewis

846745, at *6 (E.D. Mich. Mar. 30, 2006) (Duggan, J.) (citing cases that support a finding of civil contempt…