- 11 U.S.C.
HOLDINGS
May
17
2023
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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- 11 U.S.C.
Hegedus, In re--Hegedus v. United States Bank, N.A.
Feb
15
2023
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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- 11 U.S.C.
Skaggs, In re--Skaggs v. Gooch
Aug
09
2022
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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Knott, In re
Jun
24
2022
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.)
Issue(s)
Who May Be a Debtor; Chapter 13.
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- 11 U.S.C.
Bell, In re--Bell v. U.S. Dep't of Educ.
Sep
01
2021
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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- 11 U.S.C.
Decker, In re--Scott v. Decker
Sep
30
2020
Ruling
Post-petition shareholder distributions transferred by S corporation to debtor were property ofthe estate. (Bankr. W.D. Va.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition
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Rosenberger, In re
Sep
29
2020
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.)
Issue(s)
Definitions; “Family Farmer”.
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Skaggs, In re--Skaggs v. Gooch
Mar
16
2020
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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Edwards, In re
Sep
25
2019
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.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Hoffman, In re
Mar
15
2019
Ruling
Trustee's motion to reopen debtor's case to disburse creditor refunds and file a new finalreport and account was granted as debtor's request to modify her plan was untimely. (Bankr.W.D. Va.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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