Judge Huennekens

In re Grede Foundries Inc.

The debtor, which operated several foundries, moved to enforce, pursuant to 11 U.S.C.S. § 362, the automatic stay against the creditor utility commission, and to hold the commission in contempt. The commission opposed the motion and filed an adversary proceeding seeking partial summary judgment on the issue of its compliance with § 362.
Ruling: 
Utility commission's actions to report debtor's deficiency to city clerk violated stay.
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Commercial case opionion summary, case decided on December 21,2009, LexisNexis #0210-041

In re Grubb

A law firm that represented debtors who declared bankruptcy under chapter 13 of the Bankruptcy Code filed an application for allowance of compensation under 11 U.S.C.S. §§ 330(a) and 503(b)(2), Fed. R. Bankr. P. 2016, and Bankr. E.D. Va. Standing Order 08-1, seeking payment of $ 2,569 in supplemental fees. The court held a hearing on the firm's application.
Ruling: 
Supplemental fees for debtor's attorneys in routine chapter 13 case denied.
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Consumer case opionion summary, case decided on December 11,2009, LexisNexis #0110-109

Anderson v. Richards (In re Anderson)

Plaintiff debtor filed an adversary proceeding seeking to avoid a mortgage he granted to defendant creditor, his former wife, pursuant to a separation agreement as discharged. The creditor counterclaimed, asserting neither her claim nor her security interest in real property were discharged, pursuant to 11 U.S.C.S. § 523(a)(3) and (15). She moved for summary judgment on those issues.
Ruling: 
Debt owed to former spouse that was not properly scheduled was not discharged although property settlement claim was matter for abstention.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-117

In re Circuit City Stores Inc.

Bankruptcy debtors which operated consumer electronics retail outlets objected to administrative expense claims filed by certain claimants, and the debtors sought authority under 11 U.S.C.S. § 558 to set off the amounts of receivables due from the claimants against the claimants' administrative expenses.
Ruling: 
Debtors allowed to setoff receivables against administrative expense claims.
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Commercial case opionion summary, case decided on December 03,2009, LexisNexis #0110-091

In re Circuit City Stores Inc.

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and creditors filed claims against the debtors' bankruptcy estates. The debtors filed objections to a number of claims which creditors filed, contending that the claims were not eligible for treatment as administrative claims under 11 U.S.C.S. § 503(b)(9) because they did not involve "goods" within the meaning of that section. The debtors moved for partial summary judgment.
Ruling: 
Court adopted UCC definition of "goods" and "predominant purpose test" to determine if hybrid transaction was for sale of goods or services.
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Commercial case opionion summary, case decided on September 22,2009, LexisNexis #1109-045

Singh v. Sohail (In re Sohail)

Defendant debtor executed a promissory note in the principal amount of $ 200,000. The debtor filed a chapter 7 bankruptcy case. Plaintiff creditor timely and properly filed a proof of claim in the debtor's bankruptcy case. The creditor filed an amended complaint seeking a determination that the debt owed to the creditor was nondischargeable under 11 U.S.C.S. § 523(a).
Ruling: 
Debt was nondischargeable due to debtor's numerous false representations.
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Consumer case opionion summary, case decided on June 25,2009, LexisNexis #0809-084

First Cmty. Bank v. E.M. Williams & Sons Inc. (In re E.M. Williams & Sons Inc.)

Banking association filed an adversary proceedings against a chapter 7 corporate debtor, the debtor's shareholders, officers, and directors, a Virginia general partnership, and a trustee who was appointed to represent the debtor's bankruptcy estate, seeking an order which allowed it to enforce its rights under a deed of trust.
Ruling: 
Deed of trust that was outside chain of record title to subject property was avoidable.
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Commercial case opionion summary, case decided on May 08,2009, LexisNexis #0709-054

Millard Refrigerator Servs. v. LandAmerica 1031 Exch. Servs. (In re LandAmerica Fin. Group Inc.)

Former customer filed an adversary proceeding against chapter 11 debtors, a financial group and its subsidiary, seeking a judgment that money it deposited in bank accounts the subsidiary opened was held in trust for its benefit and should be returned to it. Official groups of unsecured creditors intervened in the action, and the customer and the groups of unsecured creditors filed cross-motions for partial summary judgment.
Ruling: 
Money deposited by customer in bank account of debtor's subsidiary was property of the estate absent express trust.
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Commercial case opionion summary, case decided on April 15,2009, LexisNexis #0609-086

In re Wilmoth

A chapter 7 trustee objected to certain exemptions claimed by a debtor. The objection challenged the debtor's right to amend his schedules to claim a previously unscheduled asset as exempt after the debtor's case had been closed.
Ruling: 
Debtor could not obtain exemption for proceeds of personal injury suit that was not scheduled while the case was open.
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Consumer case opionion summary, case decided on March 05,2009, LexisNexis #0609-045

Terry v. Paschall (In re Paschall)

Chapter 7 trustee filed an adversary proceeding against debtor, the debtor's former spouse, and a living trust, seeking an order avoiding the debtor's transfer of his interest in two parcels of real property to the trust. The chapter 7 trustee and the debtor's former spouse filed cross- motions for summary judgment.
Ruling: 
Transfer of interest in two parcels of real property to trust in favor of debtor's former spouse was avoidable.
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Consumer case opionion summary, case decided on February 20,2009, LexisNexis #0609-087

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