4th Circuit

Johnson, In re

Ruling: 
Creditor carried his burden of proof on management fee portion of claim but not on unpaidrent portion, which was disallowed. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-034

Penland Heating & Air Conditioning, Inc., In re

Ruling: 
Application to employ attorney filed by Subchapter V trustee was denied as there was noshowing that it was warranted. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 11,2020, LexisNexis #0720-070

Pier 1 Imps., Inc., In re

Ruling: 
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 10,2020, LexisNexis #0620-086

Richmond, In re--DFWMM Holdings, LLC v. Richmond

Ruling: 
Debtor’s false statements were not grounds for denial of discharge where debtor did not havefraudulent intent as he reasonably relied on advice of Counsel. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on April 24,2020, LexisNexis #0620-070

Nocek, In re

Ruling: 
Creditor sanctioned for intentionally sending email regarding intent to file a lien againstdebtor’s property with constructive knowledge of the bankruptcy filing and the automaticstay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 07,2020, LexisNexis #0620-005

People's Cmty. Health Ctrs., Inc., In re

Ruling: 
Extension of time for creditors’ proofs of claim allowed as there were no significant equitieson the side of the trustee. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-074

Goldberg, In re

Ruling: 
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-065

Derby, In re--Derby v. Portfolio Recovery Assocs., LLC

Ruling: 
Debtor entitled to attorney's fees due to defendant's filing of proofs of claim that it knewwere improper. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-072

Revels, In re

Ruling: 
Confirmation of plan was denied as it include a provision that was inconsistent with theBankruptcy Code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 20,2020, LexisNexis #0520-047

Va. True Corp., In re--Cipollone v. Applestein

Ruling: 
Motion to transfer was granted because transferring the action would promote the economicadministration of debtor's bankruptcy estate and judicial economy. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-049

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