Virginia

Hilgartner, In re

Ruling: 
Debtor's objections to the creditor's claim was overruled as not barred by the parties’settlement agreement and it was not required that damages be awarded in a civil action beforea bankruptcy case was filed. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 05,2020, LexisNexis #0920-072

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

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

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

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

Fetner, In re--McCarthy v. Hotel Street Capital, LLC

Ruling: 
Debtor's motion for recusal was denied where debtor presented no facts or objectivearguments that reasonably demonstrated the court's prejudice or bias. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 05,2020, LexisNexis #0420-074

Lansdowne Constr., In re

Ruling: 
Court rejected creditor's defense that payment was not a preference because it was by jointcheck, as there was not an enforceable, non-avoidable, joint check agreement. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-018

Willner, In re

Ruling: 
Debtor was not eligible for Chapter 13 as his secured debt exceeded the 11 U.S.C. § 109(e)limit. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-004

Toys "r" Us, In re

Ruling: 
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-037

Nimitz, In re

Ruling: 
Creditor violated the automatic stay for failure to release a garnishment upon the filing ofdebtor's bankruptcy petition. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-076

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