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  • Kidd v. Mayer, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district courts' rulings that Dana Kidd and Vincent and Michelle Littles were not entitled to homestead exemptions in their bankruptcy proceedings. The bankruptcy court had disallowed the exemptions because the debtors' homestead deeds were not timely filed under the applicable Virginia state law. The district courts affirmed the bankruptcy court's orders. The Fourth Circuit also affirmed, finding no reversible error in the rulings of the lower courts.

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    Filed: 2000-05-12 Precedential Status: Non-Precedential Docket: 98-2484

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    The United States Court of Appeals for the Fourth Circuit affirmed the district courts' rulings that Dana Kidd and Vincent and Michelle Littles were not entitled to homestead exemptions in their bankruptcy proceedings. The bankruptcy court had disallowed the exemptions because the debtors' homestead deeds were not timely filed under the applicable Virginia state law. The district courts affirmed the bankruptcy court's orders. The Fourth Circuit also affirmed, finding no reversible error in the rulings of the lower courts.

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    4 views3 pages

    Kidd v. Mayer, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district courts' rulings that Dana Kidd and Vincent and Michelle Littles were not entitled to homestead exemptions in their bankruptcy proceedings. The bankruptcy court had disallowed the exemptions because the debtors' homestead deeds were not timely filed under the applicable Virginia state law. The district courts affirmed the bankruptcy court's orders. The Fourth Circuit also affirmed, finding no reversible error in the rulings of the lower courts.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-2484

    In Re: DANA R. KIDD,


    Debtor.
    _________________________
    DANA R. KIDD,
    Debtor - Appellant,
    versus
    ROBERT G. MAYER, Trustee,
    Trustee - Appellee.

    No. 98-2727

    In Re: VINCENT LITTLES, MICHELLE D. LITTLES,


    Debtors.
    _________________________
    VINCENT LITTLES; MICHELLE D. LITTLES,
    Plaintiffs - Appellants,
    versus

    ROBERT G. MAYER, Trustee,


    Trustee - Appellee.

    Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge;
    Albert V. Bryan, Jr., Senior District Judge. (CA-98-1006-A, BK-9812007-SSM, CA-98-1032-A, BK-98-12006-SSM)

    Submitted:

    March 31, 2000

    Decided:

    May 12, 2000

    Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    William Gething Dade, WILLIAM G. DADE, P.C., Fredericksburg, Virginia, for Appellants. Robert G. Mayer, ROBERT G. MAYER, P.C.,
    Fairfax, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    In these consolidated appeals, Dana Kidd and Vincent and
    Michelle Littles appeal from the district courts orders affirming
    the bankruptcy courts orders disallowing their homestead exemptions because their homestead deeds were not timely filed under Va.
    Ann. Code 34-17 (Michie 1999).

    Our review of the records and the

    opinions below discloses no reversible error.

    Accordingly, we af-

    firm on the reasoning of the district courts.

    See Kidd v. Mayer,

    No. 98-1006-A (E.D. Va. Oct 2, 1998), No. 98-2424, Littles v.


    Mayer, No. 98-1032-A (E.D. Va. Oct. 28, 1998), No. 98-2727.*

    We

    dispense with oral argument based on our prior order granting the
    motion to submit the cases on briefs.

    AFFIRMED

    Although the district courts order in No. 98-2727 is marked


    as filed on October 26, 1998, the district courts record shows
    that it was entered on the docket sheet on October 28, 1998.
    Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil
    Procedure, it is the date that the judgment or order was entered on
    the docket sheet that we take as the effective date of the district
    courts decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35
    (4th Cir. 1986).
    3

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