Skip to main content

Page Banner(Taxonomy)

western district of virginia

Myers, In re--Baer v. Myers

Ruling
Debtor's failure to disclose his bankruptcy filing to the creditor until later in their relationshipwas not actionable as the creditor did not justifiably rely on the debtor's nondisclosure inmaking the loans. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge.

ABI Membership is required to access the full summary of Myers, In re--Baer v. Myers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 24, 2022 , LexisNexis #1022-081

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

ABI Membership is required to access the full summary of Skaggs, In re--Skaggs v. Gooch Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Knott, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

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

ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 02, 2022 , LexisNexis #0722-009

Ford, In re--Caprice Capital, LLC v. Ford

Ruling
Debtor's debt to plaintiffs was dischargeable where debtor lacked the necessary wrongful orfraudulent intent to deceive the creditor at the time the creditor made the loans to debtor.(Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Ford, In re--Caprice Capital, LLC v. Ford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 29, 2021 , LexisNexis #1221-086

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.

ABI Membership is required to access the full summary of Bell, In re--Bell v. U.S. Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

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.)
Issue(s)
Effect of Discharge.

ABI Membership is required to access the full summary of Ascue, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 17, 2021 , LexisNexis #1021-009

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

ABI Membership is required to access the full summary of Taylor, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-016

Short, In re--Telos Ventures Grp., PLLC v. Short

Ruling
Debtor's actions in filing an excess of meritless pleadings constituted a deliberate andintentional act taken with the subjective intent to cause plaintiffs injury resulting innondischargeable debt. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Short, In re--Telos Ventures Grp., PLLC v. Short Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2021 , LexisNexis #0421-042

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.)
Issue(s)
Filing of the plan; Deadline.

ABI Membership is required to access the full summary of Wetter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 14, 2020 , LexisNexis #1120-97