Feb
21
2020
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
Feb
19
2020
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
Jan
28
2020
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
Dec
11
2019
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
Oct
15
2019
Romano, In re
Ruling:
Creditor's claim was dischargeable where she failed to establish that debtor never intended tocomplete renovations and make necessary repairs following closing. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 15,2019, LexisNexis #1219-038
Oct
07
2019
Lopez, In re--Lopez v. Specialized Loan Servicing LLC
Ruling:
Chapter 13 debtor could strip off an unsecured lien from real property held in joint tenancywith right of survivorship with a non-debtor. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 07,2019, LexisNexis #1219-004
Oct
01
2019
Dowd, In re
Ruling:
U.S. Trustee's motion to dismiss bankruptcy case was granted as the presumption of abusearose in the case and had not been rebutted by special circumstances. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 01,2019, LexisNexis #1119-095
Aug
12
2019
Cheeks, In re
Ruling:
Relief from stay was granted to permit creditors to record a trustee's deed and to exercise theirstate law remedies as legal title was in the name of debtor’s husband and the property wasnever property of debtor's bankruptcy estate. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 12,2019, LexisNexis #1019-006
Jan
01
2018
Circuit City Stores, In re
Ruling:
Amendment to 28 U.S.C. § 1930(a)(6) was unconstitutional as applied to the debtor's case dueto its lack of uniformity with respect to pending chapter 11 bankruptcy cases. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on January 01,2018, LexisNexis #0919-047
Jun
28
2019
Mammen, In re
Ruling:
Motion to reopen bankruptcy case was granted as § 522(f)(2)(C) did not bar the avoidance of abank's foreclosure deficiency judgment. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-008
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