Byrd v. Hoffman

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 13, 2009
• Docket: 08-1521
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1521

In re: BEVERLY BYRD; RALPH T. BYRD,

Debtors.

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BEVERLY BYRD; RALPH T. BYRD,

Plaintiffs - Appellants,

v.

JAMES M. HOFFMAN,

Defendant – Appellee,

and

GREGORY P. JOHNSON,

Trustee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:07-cv-01730-AW)

Submitted: July 10, 2009 Decided: August 13, 2009

Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.

Ralph T. Byrd, Laytonsville, Maryland, for Appellants. Stephen A. Metz; John D. Sadler, SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A., Rockville, Maryland; James M. Hoffman, GOREN, WOLFF & ORENSTEIN, LLC, Rockville, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Beverly and Ralph Byrd appeal from the district

court’s order affirming the bankruptcy court’s order granting in

part the bankruptcy trustee’s emergency motion for relief from

the automatic stay, declaring void the state court complaint

filed by the Byrds, imposing an injunction, and denying their

motion for reconsideration. We have reviewed the parties’

briefs, the joint appendix, and the lower courts’ opinions and

orders and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. See Byrd v. Hoffman,

No. 8:07-cv-01730-AW (D. Md. Mar. 31, 2008). We deny the Byrds’

motion for 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