Western District

Williams, In re--Williams v. Robbins

Ruling: 
Action of two law firms in placing debtors into a scam vehicle repossession program was sufficient basis to declare fees they had charged debtors were unreasonable. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on February 12,2018, LexisNexis #0318-093

Rollison, In re

Ruling: 
Motion to reopen chapter 7 case to add unlisted creditors was denied as reopening the case would not affect the dischargeability of the unlisted debts. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-100

Brooks, In re--Brooks v. United States HUD

Ruling: 
Debtor's claims were dismissed as they were not "related to" a case under Title 11 as it was anordinary landlord-tenant contract dispute outside of bankruptcy. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on December 04,2017, LexisNexis #0218-089

Hurt, In re--Hurt v. United States Dep't of Housing & Urban Dev't

Ruling: 
Section 553(b) did not allow recovery by the trustee as there was no reduction in thedefendant's insufficiency. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 27,2017, LexisNexis #0218-022

Williams, In re--Robbins v. Delafield

Ruling: 
Court deemed that disclosure of limited information in a confidential document was not necessarily a waiver of the § 107(b) protection in the entire document. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 08,2017, LexisNexis #0118-033

Kern, In re

Ruling: 
Court ruled that merely owning a piece of property in another state and moving somepersonal items into it, with the intent to relocate there at some point in the future, did notsatisfy the prong that the debtors have a "physical presence" in the state. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on November 29,2017, LexisNexis #0118-011

Carr, In re--Pence v. Carr

Ruling: 
Debts were dischargeable in part as majority of the other damages to the mobile home wereconsequence of slovenly living habits, negligence, and deplorable housekeeping. (Bankr. W.D.Va.)
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Consumer case opionion summary, case decided on October 17,2017, LexisNexis #1117-103

Nowell, In re--Dulles Motorcars, Inc. v. Nowell

Ruling: 
Creditor's motion to dismiss debtor's case was time-barred as it was filed after debtor's discharge. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 11,2017, LexisNexis #0617-059

Young, In re--Young v. Doe

Ruling: 
Debtor's application to proceed in forma pauperis denied where the court found the appeal tobe frivolous. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-087

Boyd v. New Peoples Bank, Inc. (In re Boyd)

Ruling: 
Debtor could not recover payments on prepetition obligation made voluntary to bank thatviolated the discharge injunction. (Bankr. W.D. Va.)
ABI Membership is required to access the full summary of Boyd v. New Peoples Bank, Inc. (In re Boyd). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 29,2016, LexisNexis #1216-105

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