- 11 U.S.C.
Runnymede Capital Mgmt., In re
Feb
22
2019
Ruling
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent
ABI Membership is required to access the full summary of Runnymede Capital Mgmt., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Traylor, In re
Jan
10
2019
Ruling
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse; When Presumption Applies.
ABI Membership is required to access the full summary of Traylor, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cassidy, In re
Jan
10
2019
Ruling
State court's consent order and damages the state court awarded the debtor created a debt that was nondischargeable. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Cassidy, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re
Jan
04
2019
Ruling
Home security company's collection actions violated the automatic stay as it had actual knowledge of debtors' bankruptcy as early as February 2018. (Bankr. D. Utah)
Issue(s)
Automatic Stay.
ABI Membership is required to access the full summary of James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Akers, In re
Jan
03
2019
Ruling
Debtor's fourth amended plan could not be confirmed where plan was not feasible and wasfraught with unreasonable delay and mismanagement by debtor that was prejudicial to hiscreditors. (Bankr. W.D. Va.)
Issue(s)
Confirmation of Plan; Conditions; Debtor's Ability to Comply With Plan.
ABI Membership is required to access the full summary of Akers, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kiley, In re
Dec
04
2018
Ruling
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
ABI Membership is required to access the full summary of Kiley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Robertson, In re--Arma Yates, LLC v. Robertson
Oct
10
2018
Ruling
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Robertson, In re--Arma Yates, LLC v. Robertson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Horton, In re--Hinty v. Horton
Aug
21
2018
Ruling
Contract breach by landlords did not rise to the level of nondischargeable conduct. (Bankr.W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Horton, In re--Hinty v. Horton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Horton, In re--Hinty v. Horton
Aug
21
2018
Ruling
Contract breach by landlords did not rise to the level of nondischargeable conduct. (Bankr.W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Horton, In re--Hinty v. Horton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Jackson, In re
Jul
17
2018
Ruling
Challenged exemption disallowed where debtors had a property interest in the distribution contract on the petition date which were not exempted prior to the sale. (Bankr. W.D. Va.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13.
ABI Membership is required to access the full summary of Jackson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: