Clear Sky Financial, LLC v. Paul Schultz

Court of Appeals for the Fourth Circuit·Decided July 10, 2026·No. 26-1086·Unpublished

Opinion

USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 1 of 7

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-2195

PAUL SCHULTZ,

Debtor - Appellant,

v.

H. JASON GOLD,

Trustee - Appellee,

and

KEVIN R. MCCARTHY,

Trustee.

No. 25-2293

PAUL DAVID SCHULTZ,

MATTHEW WARD CHENEY, U.S. Trustee,

Trustee - Appellee. USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 2 of 7

No. 25-2295

MATTHEW W. CHENEY,

Trustee - Appellee.

No. 25-2405

CLEAR SKY FINANCIAL, LLC,

Plaintiff - Appellee,

Debtor - Appellant.

No. 25-2406

2 USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 3 of 7

No. 25-2485

Creditor - Appellee,

No. 25-2493

IN RE: PAUL SCHULTZ __________________________________

CLEAR SKY FINANCIAL, LLC; SAMUEL JACKNIN,

Plaintiffs - Appellees,

No. 26-1086

3 USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 4 of 7

Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:25-cv-01336-LMB-IDD; 1:25-cv- 01499-LMB-IDD; 1:25-cv-00322-LMB-IDD; 1:25-cv-01334-LMB-IDD; 1:25-cv-01335- LMB-IDD; 1:25-cv-01938-LMB-IDD; 1:25-cv-01843-LMB-IDD)

Submitted: May 29, 2026 Decided: July 10, 2026

Before WILKINSON, KING, and RUSHING, Circuit Judges.

Nos. 25-2195, 25-2293, 25-2295, 25-2485, 25-2493, and 26-1086 affirmed; Nos. 25-2405 and 25-2406 dismissed by unpublished per curiam opinion.

Paul Schultz, Appellant Pro Se. Craig M. Palik, MCNAMEE HOSEA, Greenbelt, Maryland; Hugh Michael Bernstein, OFFICE OF THE UNITED STATES TRUSTEE, Baltimore, Maryland; Wendy Cox, Executive Office of the United States Trustees, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Edward Joseph Grass, GRASS LAW FIRM, LLC, Burke, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

4 USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 5 of 7

PER CURIAM:

Paul David Schultz petitioned the United States Bankruptcy Court for the Eastern

District of Virginia for relief under Chapter 11 of the United States Bankruptcy Code.

Clear Sky Financial, LLC (“Clear Sky”), one of Schultz’s creditors, filed an adversary case

seeking a declaratory judgment affirming the enforceability of its loan with Schultz. The

bankruptcy court granted summary judgment to Clear Sky, finding Schultz’s counterclaims

regarding the validity of the loan meritless (“summary judgment order”). Separately, the

Acting United States Trustee moved to convert Schultz’s Chapter 11 Plan to a Chapter 7

Plan or to dismiss the case. After a hearing, the bankruptcy court entered an order

converting the case to Chapter 7 proceedings (“conversion order”). Schultz filed multiple

appeals and related motions in district court in response to the bankruptcy court’s rulings.

Here, we address eight consolidated appeals of the district court’s rulings.

First, although Schultz did not file a direct appeal of the bankruptcy court’s

summary judgment order in the adversary case, he appeals the district court’s orders

affirming the bankruptcy court’s order denying his first motion to reconsider, and

dismissing as duplicative his appeal of the bankruptcy court’s order denying his second

motion to reconsider. See Nos. 25-2485, 25-2493. Similarly, he appeals the district court’s

order dismissing as duplicative his appeal of the bankruptcy court’s order overruling his

“Objection to Proof of Claim of Clear Sky Financial, LLC,” in which he challenged the

validity of the loan. See No. 26-1086. We have reviewed the record and find no reversible

error. We therefore affirm the district court’s orders. Clear Sky Fin., LLC v. Schultz, No.

1:25-cv-01334-LMB-IDD (E.D. Va. Dec. 3, 2025); Clear Sky Fin., LLC v. Schultz, No.

5 USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 6 of 7

1:25-cv-01938-LMB-IDD (E.D. Va. Dec. 3, 2025); Clear Sky Fin., LLC v. Schultz, No.

1:25-cv-01843-LMB-IDD (E.D. Va Jan. 9, 2026). Schultz also seeks to appeal the district

court’s orders denying his emergency motions to disqualify opposing counsel for an

alleged improper conflict of interest and fraudulent behavior. See Nos. 25-2405, 25-2406.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain

interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). Because these orders are

neither final orders nor appealable interlocutory or collateral orders, we dismiss Nos. 25-

2405 and 25-2406 for lack of jurisdiction.

Next, in No. 25-2295, Schultz appeals the district court’s order affirming the

bankruptcy court’s conversion order. In No. 25-2293, he appeals the district court’s order

dismissing as moot his appeal of the bankruptcy court’s order denying his motion to

reconsider the conversion order. In No. 25-2195, Schultz appeals the district court’s orders

(1) denying as moot his “Emergency Motion to Strike or Disallow Consideration of Non-

Party Filing” and “Emergency Motion to Disallow Notice of Appearance of [Clear Sky’s

counsel]”; (2) denying his emergency motions for temporary restraining order and

preliminary injunction; and (3) dismissing his appeal of the bankruptcy court’s order

denying Schultz’s motion for stay and to reschedule proceedings. We have reviewed the

record and find no reversible error. See In re Superior Siding & Window, Inc., 14 F.3d

240, 242 (4th Cir. 1994) (reviewing conversion determination for abuse of discretion);

Grimmett v. Freeman, 59 F.4th 689, 692 (4th Cir. 2023) (reviewing denial of motion for

preliminary injunction for abuse of discretion). Accordingly, we affirm the district court’s

6 USCA4 Appeal: 26-1086 Doc: 28 Filed: 07/10/2026 Pg: 7 of 7

orders. ∗ Schultz v. Cheney, No. 1:25-cv-00322-LMB-IDD (E.D. Va. Aug. 20, 2025; Sept.

15, 2025; Sept. 24, 2025); Schultz v. Cheney, No. 1:25-cv-01499-LMB-IDD (E.D. Va.

Sept. 24, 2025); Schultz v. Gold, No. 1:25-cv-01336-LMB-IDD (Sept. 5, 2025; Sept. 10,

2025; Sept. 26, 2025).

Schultz has filed multiple motions in this court. In No. 25-2195, we grant his motion

to consolidate; in Nos. 25-2293, 25-2405, 25-2406, 25-2485, 25-2493, and 26-1086, we

grant his motions to file supplemental memoranda; in No. 25-2195, we deny his motion to

file a hearing transcript; in Nos. 25-2293 and 25-2295, we deny his motions to strike

Appellee’s informal response brief; in No. 26-1086, we deny his emergency motions for

stay pending appeal and to expedite; in Nos. 25-2293, 25-2405, 25-2406, 25-2485, 25-

2493, and 26-1086, we deny his motions to approve/authorize the correction or

supplementation of the record; and in Nos. 25-2195, 25-2293, 25-2295, 25-2405, 25-2406,

25-2485, 25-2493, and 26-1086, we deny his motions to approve/authorize a second and

third correction and supplementation of the record.

Free access — add to your briefcase to read the full text and ask questions with AI

Clear Sky Financial, LLC v. Paul Schultz, (4th Cir. 2026).

Clear Sky Financial, LLC v. Paul Schultz (Clear Sky Financial, LLC v. Paul Schultz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related