Judge Shedd

Covert v. LVNV Funding LLC

Ruling: 
Postconfirmation unfair debt collection claims filed by debtor against creditor properly dismissed pursuant to res judicata.
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Consumer case opionion summary, case decided on March 03,2015, LexisNexis #0315-137

Terry v. Meredith (In re Meredith)

Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.
Ruling: 
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-032

In re Mosko

Appellee debtors, a husband and his wife, filed bankruptcy and sought to discharge their government-backed student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). The bankruptcy court granted appellees relief from their student loans and the United States District Court for the Middle District of North Carolina, at Winston-Salem affirmed that order. Appellant creditor appealed.
Ruling: 
Discharge of student loan debt reversed due to debtor's failure to demonstrate good faith efforts to repay.
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Consumer case opionion summary, case decided on February 12,2008, LexisNexis #0308028

National Energy & Gas Transmission Inc. v. Liberty Elec. Power LLC (In re National Energy & Gas Transmission Inc.)

In appellant debtors'chapter 11 proceeding, appellee creditor was paid the full amount due under the parties'electricity tolling agreement. The creditor allocated the amount first to interest, then to principal, continuing to assert a claim against the debtors for the full amount. The Bankruptcy Court for the District of Maryland allowed the claim, and the district court affirmed. One debtor appealed.
Ruling: 
Debt was not reduced by payments received from guarantor but was capped at amount due under original agreement on petition date.
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