U.S. Court of Appeals for the Fourth Circuit, 1970

B.B. Woodson, Trustee v. George Gilmer, in the Matter Of: Sterling R. Decker, Bankrupt

U.S. Court of Appeals for the Fourth Circuit · Decided January 30, 1970 · Bryan, Winter, Butz-Ner

420 F.2d 378; 1970 U.S. App. LEXIS 10951 (Federal Reporter, Second Series)

Counsel

Robert M. Musselman and Richard F. Papcun, Charlottesville, Va., for appellant., Carl E. Hennrich, Charlottesville, Va., for appellee.

Cases that cite this one

22 later published cases cite this decision.

Federal Deposit Insurance v. Hish (4th Cir. 1996)
Inland Security Company, Inc. v. Estate of Kirshner (District Court, W.D. Missouri 1974)
Grede v. Bank of New York Mellon (District Court, N.D. Illinois 2010)
Official Committee of Unsecured Creditors v. Aust (In re Network Access Solutions, Corp.) (United States Bankruptcy Court, D. Delaware 2005)
Lichtenstein v. MBNA America Bank, N.A. (In re Computer Personalities Systems, Inc.) (United States Bankruptcy Court, E.D. Pennsylvania 2002)
Coleman v. Community Trust Bank (In re Coleman) (United States Bankruptcy Court, W.D. Virginia 2002)
Central Fidelity National Bank v. Powell (In re Powell) (United States Bankruptcy Court, W.D. Virginia 1997)
F.D.I.C. v. Hish (4th Cir. 1996)
McClung v. Smith (District Court, E.D. Virginia 1994)
Belle Isle Co. v. Belle Isle Farm (In re Belle Isle Farm) (United States Bankruptcy Court, E.D. Virginia 1987)
L.A. Clarke & Son, Inc. v. Donald (In re L.A. Clarke & Son, Inc.) (District Court, District of Columbia 1986)
Lanesboro State Bank v. Fishbaugher (Minn. Ct. App. 1986)
Kleinfeld v. University State Bank (In re Davenport) (United States Bankruptcy Court, M.D. Florida 1986)
Columbia Mortgage Co. v. Hsieh (Wash. Ct. App. 1985)
Fairway Development Co. v. Title Insurance (District Court, N.D. Ohio 1985)
Hyman v. Porter (In re Porter) (United States Bankruptcy Court, E.D. Virginia 1984)
Wellsville Bank v. Nicolay (Kan. Ct. App. 1982)
Matter of OPM Leasing Services, Inc. (United States Bankruptcy Court, S.D. New York 1981)
In re Prestige Spring Corporation, Bankrupt. Arnold Slone and Norman Slone v. Beril Abraham, Trustee (4th Cir. 1980)
District of Columbia v. Riggs National Bank of Washington (D.C. 1975)
In re Entertainment Incorporated (District Court, E.D. Virginia 1974)
National Labor Relations Board v. Broad Street Hospital and Medical Center (3d Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

The trustee in bankruptcy of Sterling R. Decker individually and of Decker and his wife as partners, here again attacks the validity of a deed of trust given by the bankrupts on March 27, 1961 upon an undeveloped tract of 110.-68 acres in Albemarle County, Virginia to secure the payment of a bearer bond of $260,000. This obligation was pledged at the Peoples National Bank, Char-lottesville, Virginia, as collateral for Decker’s promissory notes held by the bank and also to protect the endorsement of George Gilmer upon them. Also attacked are two supplemental deeds of trust dated, respectively, June 7, 1961 and August 4, 1961, executed by the bankrupts as additional security for the $260,000 bond, but conveying land not then under the March 27, 1961 deed of trust.

The Federal District Court for the Western District of Virginia rejected the trustee’s contentions on all three instruments, and we affirm.

In Gilmer v. Woodson, 332 F.2d 541 (4 Cir. 1964) this court overruled a sortie upon the March 27, 1961 deed of trust grounded on the assertion that it was a fraudulent transfer under either section 67(d) (2) (a) or (d) (2) (d) of the Bankruptcy Act, 11 U.S.C. § 107(d) (2) (a) and (d) (2) (d). 1 The present strictures upon this trust invoke, among others, these same statutes. Res judicata does not bar the case against the initial deed of trust of $260,000, the trustee interjects, because Gilmer v. Woodson’s words of remand, 332 F.2d at 548, allow a retrial of these issues. Since this argument was not controverted or resolved in the District Court, it will not be further mentioned.

The factual history of this litigation was fully recorded in the previous ap *379 pellate report of the case, and the past as well as the subsequent events were carefully laid out by Judge Dalton in his statement of findings of fact and conclusions of law now in review. He comprehends the earlier as well as the new issues made in this case. We have no reason to question his findings and we accept his legal conclusions. Further dissertation upon the basis and outcome of this case would be a useless repetition. We affirm on the District Judge’s statement. In re Decker, et al., 295 F.Supp. 501 (W.D.Va. 1969).

Affirmed.

. Section. 67(d) (2) of the Bankruptcy Act, 11 U.S.C. § 107(d) (2), provides as follows:

“Every transfer made and every obligation incurred by a debtor within one year prior to the filing of a petition initiating a proceeding under this title by or against him is fraudulent (a) as to creditors existing at the time of such transfer or obligation, if made or incurred without fair consideration by a debtor who is or will be thereby rendered insolvent, without regard to his actual intent; * * * or (d) as to then existing and future creditors, if made or incurred with actual intent as distinguished from intent presumed in law, to hinder, delay, or defraud either existing or future creditors.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.