Circuit Court of Appeals Cases from Last Week

United States Fourth Circuit, 02/09/2012
McDaniel v. Blust,
In a suit re conduct by members of trustee’s law firm and accountant during bankruptcy proceedings, plaintiffs must obtain leave of the bankruptcy court before filing suit as required by the Barton doctrine.

United States Fourth Circuit, 02/10/2012
In re McCormick,
Bank’s lien on one parcel avoided, where: 1) deed was unrecorded as to that parcel; 2) the bankruptcy trustee was only imputed with the notice of the deed that would be imputed to a bona fide purchaser under state law; and 2) North Carolina law allowed a purchaser to rely exclusively on the official recordation index of the county to discover liens, regardless of what other independent knowledge that purchaser might have.

United States Ninth Circuit, 02/09/2012
Matter of SK Foods, L.P.,
Appeal of denial of motion to remove the trustee and disqualify his counsel is dismissed for lack of jurisdiction where each of the orders was not a final, appealable order.

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