explaining that evaluation of whether a stay was properly lifted is rendered moot where it was terminated when the bankruptcy proceeding was dismissed
Summary of this case from Glover v. Golden Trestle, LLCNo. 96-2186.
Filed: April 8, 1998.
Appeal from W.D.N.C.; Appealing after remand 35 F.3d 978.
Affirmed.
explaining that evaluation of whether a stay was properly lifted is rendered moot where it was terminated when the bankruptcy proceeding was dismissed
Summary of this case from Glover v. Golden Trestle, LLCIn Rapids Construction, the Fourth Circuit noted that the trust fund doctrine, as articulated in Marshall v. Fredericksburg Lumber, 162 Va. 136, 173 S.E. 553, 558 (1934), has not been cited by a Virginia court since 1935. Nonetheless, the court held that because the case had not been overruled, the doctrine "remains valid and controlling Virginia authority."
Summary of this case from Bank of America v. MusselmanFull title:Teague v. Bakker
Court:United States Court of Appeals, Fourth Circuit
Date published: Apr 8, 1998
" This long-standing, but seldom cited, doctrine states that "the assets of the corporation are subject to an…
Arrowsmith v. Mallory (In re Health Diagnostic Lab., Inc.)The Fourth Circuit has held that under Virginia law, "the trust fund doctrine 'gives creditors an equitable…