In Re: MICHAEL’S ENTERPRISES OF VIRGINIA, INC. v. Branch Banking and Trust Company

15-1807Court of Appeals for the Fourth CircuitApr 6, 2016

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1807
In Re: MICHAEL’S ENTERPRISES OF VIRGINIA, INC.,
Debtor.
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MICHAEL’S ENTERPRISES OF VIRGINIA, INC.,
Plaintiff - Appellant,
v.
BRANCH BANKING AND TRUST COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:14-cv-00829-REP; 14-30611-KRH; 14-03134-KRH)
Submitted: February 25, 2016 Decided: April 6, 2016
Before WILKINSON and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Lee Robert Arzt, Richmond, Virginia, for Appellant. Trevor B.
Reid, Stephen E. Scarce, Meredith L. Yoder, PARKER, POLLARD,
WILTON & PEADEN, P.C., Richmond, Virginia, for Appellee.

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2
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael’s Enterprises of Virginia, Inc., appeals from the
district court’s order affirming the bankruptcy court’s order
imposing sanctions upon it, its president/sole shareholder, and
its attorney after determining that Michael’s bankruptcy
petition was filed for an improper purpose. We have reviewed
the record and the parties’ arguments on appeal, and we find no
abuse of discretion by the bankruptcy court in imposing
sanctions. See In re Weiss, 111 F.3d 1159, 1169 (4th Cir.
1997). Accordingly, we affirm for the reasons stated by the
district court.* Michael’s Enters. of Va., Inc. v. Branch
Banking & Trust Co., No. 3:14-cv-00829-REP (E.D. Va. June 19,
2015). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
* In making this determination, we do not rely upon the
bankruptcy court’s analysis as to when a transfer occurred.

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