Janet M. Meiburger v. DGP Holdings, LLC

U.S. Court of Appeals for the Fourth Circuit

Janet M. Meiburger v. DGP Holdings, LLC

Opinion

USCA4 Appeal: 24-1800 Doc: 27 Filed: 01/27/2025 Pg: 1 of 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1800

In re: DEBORAH FAYE PARKER,

Debtor.

------------------------------

JANET M. MEIBURGER, Trustee,

Plaintiff - Appellee,

v.

DGP HOLDINGS, LLC; GREGORY P. PARKER,

Defendants - Appellants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:24-cv-00190-LMB-WBP)

Submitted: January 23, 2025 Decided: January 27, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Robert S. Brandt, THE LAW OFFICE OF ROBERT S. BRANDT, Alexandria, Virginia, for Appellants. Janet M. Meiburger, THE MEIBURGER LAW USCA4 Appeal: 24-1800 Doc: 27 Filed: 01/27/2025 Pg: 2 of 4

FIRM, P.C., McLean, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

DGP Holdings, LLC and Gregory P. Parker appeal the district court’s order

affirming the bankruptcy court’s order dissolving DGP Holdings, which owns a rental

property and collects rent. Prior to the bankruptcy petition, Parker and his wife Deborah

Parker, the debtor, held equal shares in DGP Holdings. Upon Deborah Parker’s filing of

the bankruptcy petition, the trustee, Janet M. Meiburger, took over Deborah’s interest in

DGP Holdings. Meiburger and Parker disagree on whether DGP Holdings should sell the

rental property, but, as each party owns a 50% interest in the company, neither may take

any action without the other’s consent. Following a hearing in an adversary proceeding

initiated by Meiburger seeking dissolution of DGP Holdings, the bankruptcy court granted

Meiburger’s requested relief.

Where a district court acts as a bankruptcy appellate court, this court reviews the

bankruptcy court’s decisions independently, reviewing the factual findings for clear error

and legal conclusions de novo. SG Homes Assocs., LP v. Marinucci,

718 F.3d 327, 334

(4th Cir. 2013). We have reviewed the record and find the bankruptcy court did not

commit clear error in its factual determinations where it conducted an evidentiary hearing

and determined that the parties were deadlocked rendering it not reasonably practical to

carry out the business of DGP Holdings. Furthermore, we find the bankruptcy court

applied the correct legal standard in determining that dissolution of DGP Holdings was

warranted. Accordingly, we affirm the district court’s order. Meiburger v. DGP Holdings,

LLC, No. 1:24-cv-00190-LMB-WBP (E.D. Va., July 19, 2024). We dispense with oral

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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

4

Reference

Status
Unpublished