Judge Kenney

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

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

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

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

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

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

Chu, In re

Ruling: 
Separate classification of debtor's gambling debt deemed as an unfair discrimination againstcasino creditor. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 10,2019, LexisNexis #0619-074

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

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

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

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