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Judge Santoro

Mangrum, In re

Ruling: 
Debt was dischargeable where debtor's state law violation did not establish nondischargeabledefalcation under § 523(a)(4). (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-088

Savage v. Camardo (In re Savage)

Debtor filed an adversary proceeding against chapter 7 trustee in which the debtor sought a declaratory judgment that the funds held from the sale of certain real property were not property of the bankruptcy estate under 11 U.S.C.S. § 541. The parties filed motions for summary judgment.
Ruling: 
Debtor's interest in proceeds of post-divorce sale of real property was property of the estate.
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Consumer case opionion summary, case decided on July 09,2013, LexisNexis #0813-020

In re Berger

Pursuant to Fed. R. Bankr. P. 1014 and 28 U.S.C.S. § 1408, petitioner chapter 7 trustee filed a motion to dismiss the debtor's bankruptcy petition, or in the alternative, to transfer to another district for improper venue. The debtor did not object to the trustee's motion. A creditor contested the motion. The court held an evidentiary hearing and issued its findings of fact and conclusions of law.
Ruling: 
Transfer of venue denied where debtor was domiciled in filing district on petition date.
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Consumer case opionion summary, case decided on May 31,2013, LexisNexis #0613-139

In re Schechter

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a condominium association filed a motion for relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy so it could file an action in state court to recover assessments that were made after the debtor declared bankruptcy and interest that accrued on those assessments. The court held a hearing on the association's motion.
Ruling: 
Relief from stay to recover postpetition condominium assessments denied.
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Consumer case opionion summary, case decided on August 16,2012, LexisNexis #0912-038

In re Williams-Nobles

Movant Chapter 7 debtor filed a motion seeking an order holding defendants, a judgment creditor and the creditor's attorney, in contempt for violating the stay that was imposed when the debtor declared bankruptcy. The debtor dismissed her claims against the creditor, and the court held a hearing on the debtor's claims against the creditor's attorney.
Ruling: 
Stay violation due to misunderstanding and miscommunication between debtor's and creditor's attorneys was not grounds for contempt finding.
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Consumer case opionion summary, case decided on October 13,2011, LexisNexis #1111-073

Padgett v. Hadley (In re Hadley)

Plaintiff a co-guarantor on a debt with the debtor, filed an adversary complaint seeking a determination of nondischargeability as to the debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(4). Although the co-guarantor waived the right of assignment under his guaranty, he was assigned the claim of the lender after paying the amount of the guaranty under a settlement agreement.
Ruling: 
Debt personally guaranteed by debtor was nondischargeable due to fiduciary defalcation.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-085

Textron Fin. Corp. v. Hadley (In re Hadley)

Creditor filed an adversary action against a chapter 13 debtor, seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
Disappearance of golf carts from debtor guarantor's corporate entity's inventory without proper compensation of secured creditor resulted in nondischargeable debt due to fiduciary defalcation.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-120

In re Loy

A trustee in a debtor's English insolvency proceeding obtained recognition of the proceeding as a foreign main proceeding in the United States based in part upon a finding that England was the center of the debtor's main interest. The pro se debtor moved to revoke the recognition of the foreign proceeding.
Ruling: 
Revocation of recognition of foreign main proceeding denied.
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Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0711-027

In re Shegog

The administratrix of an estate sought to reopen a debtor's chapter 7 case under 11 U.S.C.S. § 350 to lift the automatic stay and to pursue applicable insurance proceeds under Va. Code Ann. § 38.2-2200 (2008). The debtor opposed, arguing laches and legal prejudice.
Ruling: 
Case reopened to allow administratrix of decedent's estate who did not receive proper notice to pursue insurance proceeds to satisfy medical malpractice claim.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1208-062
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