Sep
01
2021
Bell, In re--Bell v. U.S. Dep't of Educ.
Ruling:
Debtor's student loans were discharged as debtor would not be able to repay the student loanswhile still maintaining a minimal standard of living. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on September 01,2021, LexisNexis #1021-062
Aug
17
2021
Ascue, In re
Ruling:
United States' collection efforts did not violate the discharge injunction as debt wasdeclared nondischargeable in a prior proceeding and res judicata precluded re-litigation ofall claims. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-009
Jul
21
2021
Taylor, In re
Ruling:
Purchaser of Chapter 7 debtors' residence which had been foreclosed upon by the lenderfollowing an order lifting the automatic stay did not violate the discharge injunction. (Bankr.W.D. Va.)
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Consumer case opionion summary, case decided on July 21,2021, LexisNexis #0921-016
Oct
14
2020
Wetter, In re
Ruling:
Debtor's motion to convert case from Chapter 7 to Chapter 11 in order to elect Subchapter Vstatus denied given debtor's conduct. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1120-97
Sep
30
2020
Decker, In re--Scott v. Decker
Ruling:
Post-petition shareholder distributions transferred by S corporation to debtor were property ofthe estate. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-040
Sep
29
2020
Rosenberger, In re
Ruling:
Motion to dismiss Chapter 12 case denied as debtor was engaged in a farming operation at thetime she filed her petition. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-026
Jul
27
2020
Johnson, In re
Ruling:
Creditor carried his burden of proof on management fee portion of claim but not on unpaidrent portion, which was disallowed. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-034
Dec
03
2019
Wright, In re
Ruling:
Creditor violated the automatic stay as he threatened the debtor with criminal action afterhaving notice of the bankruptcy filing. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 03,2019, LexisNexis #0120-030
Sep
25
2019
Edwards, In re
Ruling:
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-031
Jun
17
2019
Young, In re
Ruling:
Debt was dischargeable where creditor failed to prove that debtor engaged in willful ormalicious conduct. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on June 17,2019, LexisNexis #0819-061
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