Dec
26
2023
Cruz, In re--Advancial Fed. Credit Union v. Cruz
Ruling:
Trustee was not permitted to intervene in case concerning scam involving debtor’s credit cardas no assets of the estate were impacted. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 26,2023, LexisNexis #0224-074
Nov
09
2023
Health Diagnostic Lab., Inc., In re--Arrowsmith v. First United Methodist Church Ctr., Ala.
Ruling:
Transfer of funds from intermediate transferee to church could be avoided, as positive,altruistic feelings the intermediate transferee obtained from the transfer did not constitutevalue. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on November 09,2023, LexisNexis #0124-039
Nov
08
2023
Stevenson, In re
Ruling:
Chapter 13 plan may modify the rights of holders of secured claims. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on November 08,2023, LexisNexis #0124-045
Sep
19
2023
Vaughn, In re--Vaughn v. DeAngelo
Ruling:
Judgment entered in favor of defendant as the payment was for an undisputed debt, thedebtor did not retain a benefit, and the trustee had not proven that the debtor was insolvent atthe time of the transfer. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 19,2023, LexisNexis #1123-064
Aug
09
2023
Tereick, In re
Ruling:
There was no fraud-based ground for revoking debtor's discharge based on the debtor'sfailure to make his postpetition mortgage payments. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 09,2023, LexisNexis #0923-096
Jun
14
2023
Macedon Consulting, Inc., In re
Ruling:
Plan proposing 100% repayment of creditors after rejection of leases was feasible and notproposed in bad faith. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on June 14,2023, LexisNexis #0823-038
Jun
23
2023
Adams, In re--Adams v. Halls
Ruling:
Creditor violated the discharge injunction by failing to take corrective action after learningthat as his counsel filed a counterclaim in a civil action. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 23,2023, LexisNexis #0823-058
Jun
08
2023
Janosik, In re--Brabson v. Janosik
Ruling:
State court judgment that found trustee liable for breach of fiduciary duty, breach of a trust agreement, conversion, and fraud was entitled to preclusive effect and established nondischargeability of the debt in bankruptcy. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 08,2023, LexisNexis #0823-010
May
17
2023
HOLDINGS
Ruling:
The post-petition filing of a bankruptcy case by an affiliate of the debtor did not cause married debtors to lose subchapter V eligibility. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 17,2023, LexisNexis #0723-017
May
15
2023
Bin Hao, In re--Fitzgerald v. Bin Hao
Ruling:
Discharge denied due to unexplained loss or deficiency of assets to meet debtor's liabilities. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on May 15,2023, LexisNexis #0723-043