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Health Diagnostic Lab., Inc., In re

Apr
03
2018
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.)
Issue(s)
Appointment of Trustee or Examiner; Succession.

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Commercial opinion summary, case decided on April 03, 2018 , LexisNexis #0518-057
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Circuit City Stores, In re

Jan
01
2018
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.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

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Commercial opinion summary, case decided on January 01, 2018 , LexisNexis #0919-047
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Health Diagnostic Lab., Inc. v. Arrowsmith, In re

Dec
06
2017
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on December 06, 2017 , LexisNexis #0118-046
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Robert P. Banks, In re

Aug
31
2017
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.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on August 31, 2017 , LexisNexis #1017-006
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Blackburn, In re

Apr
17
2017
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.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on April 17, 2017 , LexisNexis #0517-094
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In re Alpha Natural Res.

Dec
20
2016
Ruling
Creditor lacked standing to object to the post confirmation of final fee application as it nolonger has a pecuniary interest in the outcome of the application. (Bankr. E.D. Va.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on December 20, 2016 , LexisNexis #0117-079
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In re Maddux

Dec
01
2016
Ruling
Creditor’s failure to to itemize interest and fees did not prevent allowance of claim. (Bankr. E.D. Va.)
Issue(s)
Proof of Claim; Supporting Information.

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Consumer opinion summary, case decided on December 01, 2016 , LexisNexis #0117-029
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In re Health Diagnostic Lab., Inc.

Oct
14
2016
Ruling
Settlement between liquidating trust and law firm approved. (Bankr. E.D. Va.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on October 14, 2016 , LexisNexis #1116-070
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In re Circuit City Stores, Inc.

Sep
06
2016
Ruling
Bankruptcy court had jurisdiction to block foreign subpeona of liquidating trust related toproceeding in which the trust was not a party. (Bankr. E.D. Va.)
Issue(s)
Should liquidation trust’s motion for protection from a foreign subpoena issued in connection with an action in which the liquidating trust was not a party be granted?

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Commercial opinion summary, case decided on September 06, 2016 , LexisNexis #0916-138
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In re Alpha Natural Res., Inc.

Aug
29
2016
Ruling
Creditor not entitled to stay of exculpation and release provisions of confirmed plan pendingappeal. (Bankr. E.D. Va.)
Issue(s)
Could a confirmation order be stayed solely as to the application of the plan's exculpation and release provisions pending creditor’s appeal?

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Commercial opinion summary, case decided on August 29, 2016 , LexisNexis #0916-105
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