Judge Kindred

Palsata Trust, In re

Ruling: 
Dismissal of bankruptcy case was warranted as the debtor was not a business trust andineligible to be a debtor. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on April 23,2021, LexisNexis #0621-017

Cornus Montessori, LLC, In re

Ruling: 
Debtors, LLC and its owner, were entitled to extend the automatic stay to protect the owner'swife because the debtors were likely to succeed on the merits by proposing a confirmableChapter 11 plan. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on April 16,2021, LexisNexis #0521-081

Tovan Constr., Inc., In re

Ruling: 
Proposed settlement was not "fair and equitable" as it did not afford proper priority to the IRS.(Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 31,2021, LexisNexis #0521-061

E. Coast Custom Coaches, Inc., In re

Ruling: 
Judgment for the trustee and against setoff was warranted based on preclusive effect of statecourt judgment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 11,2020, LexisNexis #0121-089

Sarfraz, In re

Ruling: 
Court denied confirmation of debtor's Chapter 13 plan that was not proposed in good faith. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-092

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

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

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

Ward, In re--Liberty Miutual Ins. v. Ward

Ruling: 
Court found that debt existed between an insurance company and the debtor that arose fromdebtor's actions in his fiduciary capacity, but could not yet determine whether it arose fromdebtor's alleged defalcation. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on May 12,2017, LexisNexis #0617-072
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