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Romar Elevators Inc. v. Tomer (In re Tomer)

Jul
14
2009
Ruling
Confirmation reversed and case remanded for determination of whether petition was filed in good faith.
Procedural posture

Debtor was convicted of misappropriation of trade secrets. Prior to her petition for bankruptcy protection, the debtor engaged in various questionable actions causing the good faith of her petition to come into question. Appellant creditor filed an objection to the confirmation of the chapter 13 plan. The bankruptcy court for the Western District of Virginia, at Lynchburg confirmed the debtor's plan. The creditor appealed.

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Consumer opinion summary, case decided on July 14, 2009 , LexisNexis #0210-029
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Midkiff v. Lowes Home Ctrs. Inc.

Jul
30
2007
Ruling
Action against store that sold collapsed ladder subject to stay in manufacturer's bankruptcy.
Procedural posture

Plaintiff customer asserted a breach of warranty claim pursuant to the Uniform Commercial Code, Va. Code Ann. §§ 8.01-1 et seq. (2006), against defendant store to recover damages for injuries she sustained when a ladder she purchased from the store collapsed while in use. Before the court was the store's motion for summary judgment or, in the alternative, to stay proceedings pending the outcome of a manufacturer's bankruptcy proceedings.

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opinion summary, case decided on July 30, 2007 , LexisNexis #0807-109
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National Emergency Servs. v. Williams

Jun
19
2007
Ruling
Court could not exercise equitable subordination of claim in case where there was to be no distribution of assets.
Procedural posture

Appellant filed an adversary complaint to subordinate claim under 11 U.S.C. § 510(c) in the bankruptcy court. Appellee moved to dismiss the adversary complaint. The chapter 11 trustee and debtor had agreed the bankruptcy case should be dismissed once the instant case concluded. The bankruptcy court dismissed appellant's complaint for failure to state a cause of action. Appellant filed an appeal.

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opinion summary, case decided on June 19, 2007 , LexisNexis #0707-094
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