Judge St. John

Estate of McCoy v. McCoy (In re McCoy)

Ruling: 
Debt owed to decedent’s estate was dischargeable. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 11,2016, LexisNexis #0916-009

Lawrence v. Combs (In re Combs)

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.
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Consumer case opionion summary, case decided on January 21,2016, LexisNexis #0216-081

In re Evans

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.
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Consumer case opionion summary, case decided on January 05,2016, LexisNexis #0116-132

In re Cutright

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.
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.
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Consumer case opionion summary, case decided on May 30,2012, LexisNexis #0612-072

Johnson-Clayton v. Ferebee (In re Ferebee)

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.
Ruling: 
Discharge denied due to lost or canceled assets and false statements.
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Consumer case opionion summary, case decided on February 15,2012, LexisNexis #0312-094

In re Whitley

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.
Ruling: 
Mortgage avoided as impairing debtor's homestead exemption.
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Consumer case opionion summary, case decided on December 07,2011, LexisNexis #0112-085

In re Seaton

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.
Ruling: 
Minimal damages awarded for landlord's violation of stay due to debtor's failure to establish value.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #1211-109

Pagels v. Pagels (In re Pagels)

Ex-husband filed a complaint against chapter 13 debtor seeking a determination that an obligation of the debtor arising under a separation agreement, and subsequently reduced to judgment, was nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The ex-husband filed a motion for summary judgment, which cited to 11 U.S.C.S. § 1328(a) as additional support for his argument that the debtor's obligation was nondischargeable.
Ruling: 
Property settlement was not a domestic support obligation and was dischargeable.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-084

In re Chesapeake Hardwood Prods. Inc.

Debtor, a Chapter 11 debtor in possession (DIP), sought confirmation of a proposed Second Amended Plan of Reorganization. By the time of the hearing thereon, the only objecting creditor had withdrawn its objection, and no party appeared in opposition to confirmation. The issue was whether the plan complied with all relevant provisions in 11 U.S.C.S. § 1129.
Ruling: 
Confirmation granted despite need for technical modifications.
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Commercial case opionion summary, case decided on October 28,2010, LexisNexis #0111-134

In re Wyche

Movant, the law firm representing the debtors in two chapter 13 cases, filed applications for compensation in the form of reimbursement for expenses in the amount of $ 655.71 and $ 435.63 respectively, in addition to $ 3,000 in no-look legal fees for each case. The trustee objected to the amount of expenses sought as excessive.
Ruling: 
Attorneys' duplication costs were overhead sufficiently covered by fees and not reimbursable.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0410-076

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