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    The court affirmed the district court's order awarding only simple interest in two consolidated bankruptcy appeals. The appeals challenged the bankruptcy court's award of simple interest rather than compound interest. The court found no reversible error in the district court's reasoning. As the facts and legal issues were adequately addressed in the court materials, the court dispensed with oral argument.

    Original Description:

    Filed: 1996-07-10 Precedential Status: Non-Precedential Citations: 91 F.3d 130 Docket: 95-3045

    Original Title

    In Re: William Nicholas Fortescue, Jr., Debtor. Trust of W.N. Fortescue, Sr., Creditor--Appellant v. William Nicholas Fortescue, Jr., Debtor--Appellee, David R. Hillier, Trustee--Appellee. In Re: William Nicholas Fortescue, Jr., Debtor. Trust of W.N. Fortescue, Sr. Stuart I. Rubin Jane H. Shuttleworth, Creditors--Appellees v. Williams Nicholas Fortescue, Jr., Debtor--Appellant, 91 F.3d 130, 4th Cir. (1996)

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    The court affirmed the district court's order awarding only simple interest in two consolidated bankruptcy appeals. The appeals challenged the bankruptcy court's award of simple interest rather than compound interest. The court found no reversible error in the district court's reasoning. As the facts and legal issues were adequately addressed in the court materials, the court dispensed with oral argument.

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    6 views2 pages

    United States Court of Appeals, Fourth Circuit

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    The court affirmed the district court's order awarding only simple interest in two consolidated bankruptcy appeals. The appeals challenged the bankruptcy court's award of simple interest rather than compound interest. The court found no reversible error in the district court's reasoning. As the facts and legal issues were adequately addressed in the court materials, the court dispensed with oral argument.

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    of 2

    91 F.

    3d 130

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re: William Nicholas FORTESCUE, Jr., Debtor.
    Trust of W.N. FORTESCUE, Sr., Creditor--Appellant,
    v.
    William Nicholas FORTESCUE, Jr., Debtor--Appellee,
    David R. Hillier, Trustee--Appellee.
    In re: William Nicholas FORTESCUE, Jr., Debtor.
    Trust of W.N. FORTESCUE, Sr.; Stuart I. Rubin; Jane H.
    Shuttleworth, Creditors--Appellees,
    v.
    Williams Nicholas FORTESCUE, Jr., Debtor--Appellant.
    Nos. 95-3045, 95-3046.

    United States Court of Appeals, Fourth Circuit.


    Submitted June 28, 1996.
    Decided July 10, 1996.

    Appeals from the United States District Court for the Western District of
    North Carolina, at Asheville. Richard L. Voorhees, Chief District Judge.
    (CA-94-21-1, CA-94-27-1, CA-94-28-1, BK-85-10291).
    Rebecca Sofley Henderson, Kimberly S. Owens, PETREE STOCKTON,
    Charlotte, North Carolina; Sharon Barclay Alexander, PRINCE,
    YOUNGBLOOD & MASSAGEE, Hendersonville, North Carolina, for
    Appellant. William Nicholas Fortescue, Jr., David Richard Hillier,
    Appellees Pro Se; William M. Alexander, Jr., MULLINAX &
    ALEXANDER, Hendersonville, North Carolina, for Appellees.
    W.D.N.C., 200 B.R. 833
    AFFIRMED.

    Before MURNAGHAN and MOTZ, Circuit Judges, and PHILLIPS,


    Senior Circuit Judge.
    PER CURIAM:

    In these consolidated appeals, Appellants appeal from the district court's order
    affirming the bankruptcy court's order awarding only simple interest. We have
    reviewed the record and the district court's opinion and find no reversible error.
    Accordingly, we affirm on the reasoning of the district court. Trust Fortescue,
    Sr. v. Fortescue, Nos. CA-94-21-1; CA-94-27-1; CA-94-28-1; BK-85-10291
    (W.D.N.C. Oct. 18, 1995). We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials before the court
    and argument would not aid the decisional process.

    AFFIRMED.

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