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judge connelly

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

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

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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on August 09, 2022 , LexisNexis #1022-011

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.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion summary, case decided on June 24, 2022 , LexisNexis #0822-026

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on September 01, 2021 , LexisNexis #1021-062

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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-040

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.)
Issue(s)
Definitions; “Family Farmer”.

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-026

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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on March 16, 2020 , LexisNexis #0323-040

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.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 25, 2019 , LexisNexis #1119-031

Hoffman, In re

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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Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-052