Mar
16
2020
Skaggs, In re--Skaggs v. Gooch
Ruling:
Court held it was not limiting the award of attorney's fees to only the amounts plaintiffsincurred but awarded amounts incurred to enforce the discharge injunction as well as incurredto litigate reimbursement of such amounts. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on March 16,2020, LexisNexis #0323-040
Dec
12
2022
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.)
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Consumer case opionion summary, case decided on December 12,2022, LexisNexis #0223-073
Aug
09
2022
Skaggs, In re--Skaggs v. Gooch
Ruling:
Creditor violated the discharge injunction as there was no judgment lien that could have beenattached when the debtor inherited real property post-discharge. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on August 09,2022, LexisNexis #1022-011
Jun
24
2022
Knott, In re
Ruling:
Debtors were ineligible to proceed as debtors under Chapter 13 as the amount of the debtors'noncontingent, liquidated, unsecured debt exceeded the statutory eligibility thresholds.(Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on June 24,2022, LexisNexis #0822-026
May
02
2022
Johnson, In re
Ruling:
Debtor's tax debts were unquestionably nondischargeable under the one-day-late rule or anyother interpretation of 11 U.S.C. 523(a)'s first sentence. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 02,2022, LexisNexis #0722-009
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
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