Judge Kindred

El Rafaei, In re

Ruling: 
Appointment of Chapter 11 trustee was in the best interest of the creditors and other interestsof the bankruptcy estate as clear and convincing evidence showed that the debtor failed toperform his fiduciary duties. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on July 22,2022, LexisNexis #0922-043

El Rafaei, In re--Khalil v. El Rafaei

Ruling: 
Debt was nondischargeable as defendant misrepresented to plaintiff that he could obtainpermits expeditiously and that he would finish the project. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 20,2020, LexisNexis #0922-037

Roch, In re

Ruling: 
Court dismissed debtor's bankruptcy case for bad faith in filing as the court had no confidencein the accuracy of any of the debtor's means tests and proposed budgets. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on November 04,2021, LexisNexis #1221-099

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

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