Judge Huennekens

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

Love, In re

Ruling: 
Personal injury claim acquired by debtor wife after the Chapter 13 petition date but prior tothe date debtors' case was converted to Chapter 7 was not property of debtors' bankruptcyestate. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on June 10,2019, LexisNexis #0819-053

Anr, In re

Ruling: 
Creditor did not have standing to be heard on a motion for sanctions against consultant absenta pecuniary interest that would be directly affected by the relief sought in the motion. (Bankr.E.D. Va.)
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Consumer case opionion summary, case decided on May 17,2019, LexisNexis #0819-044

Fletcher, In re

Ruling: 
Debtor’s wife could not convert case to chapter 13 as she was an ineligible debtor under §109(g)(2). (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-079

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

Health Diagnostic Lab., Inc., In re

Ruling: 
Court granted the motion to appoint a permanent liquidating trustee as objecting parties have not established a set of facts sufficient to bar the appointment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-057

Gates, In re

Ruling: 
Court sanctioned attorney for disruptive and abusive behavior directed toward court security personnel on multiple occasions upon entering a federal courthouse. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-031

Health Diagnostic Lab., Inc. v. Arrowsmith, In re

Ruling: 
Subchapter S corporation status was not "property" under federal tax law and thus could not be considered "property" for the purposes of 11 U.S.C.S. §§ 544(b), 548(a)(1). (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-046

Robert P. Banks, In re

Ruling: 
Court awarded debtor actual compensatory damages, attorney's fees and costs, and punitivedamages as creditor willfully violated both the automatic stay and the discharge injunction.(Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 31,2017, LexisNexis #1017-006

Blackburn, In re

Ruling: 
Court granted the motion for relief from the automatic stay for debtors' failure to make regular contract payments on their mortgage and make payments in accordance with their confirmed modified plan. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-094

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