US v. Isaac Woods, No. 09-1296 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1296 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ISAAC LEE WOODS; REGINA BAILEY WOODS; ELLA R. WOODS, Defendants Appellants, and UNLIMITED FINANCIAL RESOURCES, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:07-cv-00187-BR) Submitted: September 4, 2009 Decided: September 30, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Isaac Lee Woods, Regina Bailey Woods, Ella R. Woods, Appellants Pro Se. Sarah Burnette, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Isaac Lee Woods, Regina Bailey Woods and Ella R. Woods appeal the district court s order and judgment granting the United States motion for summary judgment, voiding several real property transfers and denying several of the Woods motions. Finding no error, we affirm. This court reviews a district court s grant of summary judgment de novo, viewing the facts and the reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. Cir. 2008). Emmett v. Johnson, 532 F.3d 291, 297 (4th Summary judgment is proper if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Additionally, the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Under 28 U.S.C. § 3304(b)(1)(A), (B) (2006), the district court may set aside any transfer of assets made by a debtor if the intent to hinder, receiving transfer a . debtor makes delay, reasonably . . if the or the transfer defraud equivalent debtor 2 . a . either creditor value . with in or exchange intended to actual without for the incur, or believed or reasonably should have believed that he would incur, debts beyond examining eleven a his ability debtor s pay actual non-exclusive § 3304(b)(2), to intent, factors including as set whether a they the became court due. may forth in 28 transfer was made In consider U.S.C. to an insider, the timing of the transfer, whether the transfer was of substantially all the debtor s assets, and whether the consideration for the transfer was reasonably equivalent to the value of the asset transferred[.] Even if the court fails to find evidence of actual intent to commit fraud, the court may still set aside the transfers if there is evidence of badges of fraud. We have reviewed the record and find summary judgment was appropriate in this case substantially for the reasons cited See United States v. Woods, No. 5:07-cv- by the district court. 00187-BR (E.D.N.C. Dec. 10, 2008). denial of several of Accordingly, we affirm. the We further find the court s Woods motions was proper. The Woods have several pending motions: (1) motion to expedite; (2) motion for summary disposition; (3) motion to reconsider order deferring action on motion for summary disposition; (4) motion to consolidate; and (5) motion to reconsider limiting electronic access of the Woods appendix. We deny the motions. facts and legal We dispense with oral argument because the contentions are 3 adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 4

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