Jan
25
2019
Kurtz, In re--Praed v. Kurtz
Ruling:
Debtor wife's one-half share of the debts to the IRS and the judgment creditor were notexcepted from discharge as the parties' agreement to indemnify each other for non-paymentmay be interpreted as creating a property right but not a right to support. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on January 25,2019, LexisNexis #0319-037
Dec
14
2018
Skubal, In re
Ruling:
Court disallowed legal fees charged to the bankruptcy estate to defend a dischargeable credit card claim as the trustee improperly took on the role of "defending" the claim. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-091
Dec
10
2018
Ilyev, In re
Ruling:
Objections to confirmation of debtor's chapter 13 plan was overruled in part as courtconcluded that the case passed the objective and subjective tests for a good faith filing. (Bankr.E.D. Va.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-083
Oct
01
2018
Daniels, In re
Ruling:
Trustee's objections to debtors' chapter 13 plan confirmation were overruled where debtorshad not engaged in any bad faith conduct. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-025
Sep
13
2018
McMaken, In re
Ruling:
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097
Jun
26
2018
Sheikhzadeh, In re
Ruling:
Trustee's motion granted where debtor's legal malpractice claims were property of the estateand were not exempt as the claims at issue were not proceeds derived from a court award orsettlement. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-014
Jul
06
2018
Conrad, In re--Conard v. IRS
Ruling:
Debtor's obligation to the IRS held discharged as there was no evidence that debtor willfully attempted to evade her federal income tax liabilities. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on July 06,2018, LexisNexis #0818-043
Jun
26
2018
Sheikhzadeh, In re
Ruling:
Trustee's motion granted where debtor's legal malpractice claims were property of the estateand were not exempt as the claims at issue were not proceeds derived from a court award orsettlement. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-014
Jun
12
2018
Health Diagnostic Lab., Inc., In re--Arrowsmith v. Mallory
Ruling:
Court approved settlement agreement where the company's plan met trustee's burden ofshowing that a settlement he negotiated with the former CEO of the company was fair,equitable, and in the best interests of creditors. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-090
May
31
2018
Toys "R" Us, Inc., In re
Ruling:
Court overruled creditor's objection to the debtors' proposed assumption and assignment of the lease where the interest of the debtors in obtaining the full value of the lease outweighed any detriment to the creditor. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 31,2018, LexisNexis #0718-034
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