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western district of virginia

Kalo Clinical Rsch., LLC, In re

Ruling
Court confirmed debtor's reorganization plan as proposed in good faith and meeting allrequirements. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on August 06, 2024 , LexisNexis #1024-037

Hansen, In re

Ruling
Trustee's amended plan of liquidation properly provided for the treatment of all claims andinterests, whether impaired or otherwise. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Discretionary Provisions.

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Consumer opinion summary, case decided on February 16, 2024 , LexisNexis #0424-047

Smith, In re

Ruling
Creditor's auction sale of real property to pay for delinquent property taxes and fees violatedthe automatic stay as the debtor filed her bankruptcy petition before the auction sale began.(Bankr. W.D. Va.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on January 18, 2024 , LexisNexis #0324-056

Cruz, In re--Advancial Fed. Credit Union v. Cruz

Ruling
Trustee was not permitted to intervene in case concerning scam involving debtor’s credit cardas no assets of the estate were impacted. (Bankr. W.D. Va.)
Issue(s)
Prosecution and Defense of Proceedings by Trustee or Debtor in Possession.

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Consumer opinion summary, case decided on December 26, 2023 , LexisNexis #0224-074

Raspberry Creek Fabrics, LLC, In re

Ruling
Debtor's Subchapter V plan was confirmed as it complied with, and satisfied, all of theapplicable plan requirements. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Terms.

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Commercial opinion summary, case decided on December 12, 2023 , LexisNexis #0224-017

HOLDINGS

Ruling
The post-petition filing of a bankruptcy case by an affiliate of the debtor did not cause married debtors to lose subchapter V eligibility. (Bankr. W.D. Va.)
Issue(s)
Definitions.

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Consumer opinion summary, case decided on May 17, 2023 , LexisNexis #0723-017

Barber, In re--Johnson v. Barber

Ruling
Debtor's obligations to pay and indemnify former spouse for credit card debts was nondischargeable as clearly intended to be domestic support obligations in the divorce settlement. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on March 22, 2023 , LexisNexis #0523-061

Hegedus, In re--Hegedus v. United States Bank, N.A.

Ruling
Debtors failed to plead facts or a valid legal basis to support their cause of action for a violation of discharge injunction. (Bankr. W.D. Va.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on February 15, 2023 , LexisNexis #0423-035

Harlow, In re--Harlow v. Wells Fargo & Co.

Ruling
Chapter 13 debtors stated a valid claim against mortgagees for filing false forbearance noticesin order to benefit from CARES Act incentives. (Bankr. W.D. Va.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal

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Consumer opinion summary, case decided on December 12, 2022 , LexisNexis #0223-073

Maldonado, In re

Ruling
Chapter 13 debtors were not entitled to reopen their case more than six years after filing theirChapter 13 case and more than a year after receiving a discharge in order to administer anundisclosed cause of action. (Bankr. D. Utah)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on October 07, 2022 , LexisNexis #1222-072