Eastern District

Payne, In re

Ruling: 
Creditors violated the automatic stay by continuation of a judicial action or to recover aclaim against debtor that arose before the petition date. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 22,2021, LexisNexis #0521-001

Retail Grp., Inc., In re

Ruling: 
Chapter 11 plan was confirmed as it was proposed in good faith and debtors proposed theplan to maximize recovery to debtors' creditors. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 09,2021, LexisNexis #0421-096

Burstein, In re--Nonte v. Burstein

Ruling: 
Debtor's motion to dismiss his former spouse's claim was denied where the breach of contractaction was a statutory remedy available to the former spouse under Maryland law. (Bankr. E.D.Va.)
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Consumer case opionion summary, case decided on March 03,2021, LexisNexis #0421-043

Sultan, In re

Ruling: 
Case dismissed because the debtor failed to complete the credit counseling as required by 11U.S.C. § 109(h)(1) prior to filing his petition. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on January 07,2021, LexisNexis #0221-026

E. Coast Custom Coaches, Inc., In re

Ruling: 
Judgment for the trustee and against setoff was warranted based on preclusive effect of statecourt judgment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 11,2020, LexisNexis #0121-089

Dickson, In re--James River Petroleum, Inc. v. Dickson

Ruling: 
Debt was nondischargeable on grounds of fiduciary defalcation where debtor conveniencestore lessee used the proceeds of consigned fuel sales for the business's own needs. (Bankr.E.D. Va.)
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Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-036

D.C. Diamond Corp., In re--Milic v. HJE Grp. LC

Ruling: 
Adversary proceeding was remanded to state court as it was by a non-debtor party againstanother non-debtor party for damages and did not implicate property of the bankruptcy estate.(Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on August 14,2020, LexisNexis #0920-099

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

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

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