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western district of virginia

Wright, In re

Ruling
Creditor violated the automatic stay as he threatened the debtor with criminal action afterhaving notice of the bankruptcy filing. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on December 03, 2019 , LexisNexis #0120-030

Hazlett, In re

Ruling
Attorney and law firm's actions did not violate the automatic stay as the attorney's fees did notarise under the pre-petition agreement. (Bankr. D. Utah)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 17, 2019 , LexisNexis #1219-028

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

Smith, In re

Ruling
Creditors were not entitled to award of attorney's fees incurred in nondischargeabilityproceeding based on willful and malicious injury absent statutory authorization. (Bankr. D.Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on September 05, 2019 , LexisNexis #1119-008

Smith, In re

Ruling
Debt excepted from discharge where debtor caused willful and malicious injury when heformed a competing company by taking employees and customers from his former employer.(Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 10, 2019 , LexisNexis #0919-011

Young, In re

Ruling
Debt was dischargeable where creditor failed to prove that debtor engaged in willful ormalicious conduct. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 17, 2019 , LexisNexis #0819-061

Anderson, In re

Ruling
Debtor's motion to compel trustee to abandon his interest in debtor's residence was granted astrustee's proposed sale of the property would not benefit unsecured creditors. (Bankr. W.D. Va.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.

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Consumer opinion summary, case decided on June 10, 2019 , LexisNexis #0819-066

Hazlett, In re

Ruling
Summary judgment granted in favor of debtor's attorney as the attorney had a legal basis toemploy bifurcated fee agreements to effectuate affordable legal services. (Bankr. D. Utah)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on April 10, 2019 , LexisNexis #0619-052

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

Dyer, In re

Ruling
Court retroactively annulled the automatic stay as creditor acted in good faith and withoutnotice of the automatic stay when it obtained court judgment. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on March 01, 2019 , LexisNexis #0419-056