Reyna, In re--Randesi v. Reyna
Feb
14
2024
Ruling
Relief from the automatic stay was warranted to permit continuation in a state court of threepending lawsuits involving the debtor. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Stevens, In re--Espy v. Stevens
Oct
25
2022
Ruling
Debt was nondischargeable due to debtor’s false representation concerning his status as alicensed contractor on which creditor reasonably relied. (Bankr. E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Dickson, In re--James River Petroleum, Inc. v. Dickson
Sep
29
2020
Ruling
Debt was nondischargeable on grounds of fiduciary defalcation where debtor conveniencestore lessee used the proceeds of consigned fuel sales for the business's own needs. (Bankr.E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
Estate of McCoy v. McCoy (In re McCoy)
Aug
11
2016
Ruling
Debt owed to decedent’s estate was dischargeable. (Bankr. E.D. Va.)
Issue(s)
Was debt owed to decedent’s estate nondischargeable?
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Court
:
- 11 U.S.C.
Lawrence v. Combs (In re Combs)
Jan
21
2016
Ruling
Debtor's obligation to former spouse taxes and retirement account were dischargeable although education fund reimbursement was in the nature of support and nondischargeable.
Issue(s)
Were obligations owed by the debtor to former spouse as part of their divorce in the nature of alimony, maintenance, or support and therefore nondischargeable domestic support obligations?
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Court
:
- 11 U.S.C.
In re Evans
Jan
05
2016
Ruling
Chapter 13 case ordered converted or dismissed where debtor was behind on payments to lender and was not eligible for a chapter 13 discharge.
Issue(s)
Should debtor's case be closed without a discharge due to failure to make all payments due to lender outside of the chapter 13 plan?
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Court
:
In re Cutright
May
30
2012
Ruling
Purchaser of property in which debtor held only one-half interest could not reopen case to obtain leave to sue trustee in state court over sale.
Procedural posture
A putative purchaser of a bankruptcy debtor's real property asserted that the bankruptcy debtor breached a contract to sell the property by failing to disclose that the debtor held only a half interest in the property and that the trustee was unable to sell the property free and clear of other interests as required by the contract. The purchaser moved to reopen the debtor's case and for leave to sue the trustee in state court.
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Court
:
Johnson-Clayton v. Ferebee (In re Ferebee)
Feb
15
2012
Ruling
Discharge denied due to lost or canceled assets and false statements.
Procedural posture
Creditor brought an adversary complaint to determine dischargeability of debts, and objecting, pursuant to 11 U.S.C.S. § 727(a)(4) and (5), to a discharge.
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Court
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In re Whitley
Dec
07
2011
Ruling
Mortgage avoided as impairing debtor's homestead exemption.
Procedural posture
A bankruptcy debtor contended that the balance due under a first mortgage lien against the debtor's residence exceeded the value of the residence. The debtor moved pursuant to 11 U.S.C.S. § 522(f) to avoid a judgment creditor's lien against the residence as impairing the debtor's homestead exemption.
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Court
:
- 11 U.S.C.
In re Seaton
Nov
28
2011
Ruling
Minimal damages awarded for landlord's violation of stay due to debtor's failure to establish value.
Procedural posture
Bankruptcy debtors asserted that, after their landlord commenced an unlawful detainer proceeding against the debtors and the debtors filed their bankruptcy petition, the landlord removed and disposed of the debtors' personal property in their apartment. The debtors moved for sanctions against the landlord for violation of the automatic bankruptcy stay of 11 U.S.C.S. § 362.
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Court
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