4th Circuit

Coder Foundry, LLC, In re

Ruling: 
State court derivative action was not a violation of the automatic stay as neither of the claims asserted in the derivative action were property of the bankruptcy estate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-037

West, In re--Boggs v. West

Ruling: 
State court judgment against debtor was nondischargeable where his actions against plaintiff were willful and malicious and he was found liable for the intentional torts of assault and battery. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-050

Abell, In re--Conner, Inc. v. Abell

Ruling: 
Debt could not be excepted from discharge as creditor failed to establish misrepresentation.(Bankr. D. Md.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-011

Jackson, In re

Ruling: 
Challenged exemption disallowed where debtors had a property interest in the distribution contract on the petition date which were not exempted prior to the sale. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on July 17,2018, LexisNexis #0818-093

Yow, In re

Ruling: 
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-098

Stiletto Mfg., In re

Ruling: 
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099

Sheikhzadeh, In re

Ruling: 
Trustee's motion granted where debtor's legal malpractice claims were property of the estateand were not exempt as the claims at issue were not proceeds derived from a court award orsettlement. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-014

Guy, In re

Ruling: 
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 10,2018, LexisNexis #0818-065

Caswell, In re

Ruling: 
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on July 02,2018, LexisNexis #0818-060

Swain, In re

Ruling: 
Motion to reopen was denied as the District of Columbia Superior Court could determine the dischargeability of the debt without intruding on the exclusive jurisdiction of the bankruptcy court. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-034

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