Western District

In re Mull

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and after the court entered an order dismissing their case because they had not complied with the court's order requiring them to filed an amended plan, the debtors filed a motion to reopen their case.
Ruling: 
Debtors could not reopen dismissed case that had not been closed.
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Consumer case opionion summary, case decided on February 05,2013, LexisNexis #0613-003

Stephens Boatwright Cooper & Coleman PC v. Beskin

Appellant counsel filed an application in the United States Bankruptcy Court for the Western District of Virginia for compensation in a chapter 13 case. The bankruptcy court awarded fees in the amount of $3,000 and costs in the amount of $779. Counsel appealed.
Ruling: 
Bankruptcy court did not act improperly in relying on no-look fee in ruling on supplemental attorneys' fee application.
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Consumer case opionion summary, case decided on October 12,2012, LexisNexis #1112-003

In re Holsinger

A debtor filed a certification of exigent circumstances with her chapter 13 petition seeking an exception to the requirement that she obtain credit counseling prior to filing her petition pursuant to 11 U.S.C.S. § 109(h)(3).
Ruling: 
Exigent circumstances exception to credit counseling requirement denied where debtor had made no effort to obtain counseling.
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Consumer case opionion summary, case decided on February 27,2012, LexisNexis #0412-004

In re Forster

Three listed petitioning creditors (petitioners), debtor's former wife and her parents, filed an involuntary petition against debtor. Debtor contested the petition. Debtor asked for dismissal and for imposition of damages pursuant to 11 U.S.C.S. § 303(i). A hearing was held.
Ruling: 
Involuntary petition dismissed where two of three petitioning creditors held a single claim.
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Consumer case opionion summary, case decided on January 03,2012, LexisNexis #0212-005

Miller v. Kelly

Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1111-110

Beskin v. Knupp (In re Knupp)

Plaintiff Chapter 13 trustee filed a complaint seeking revocation of defendant debtor's discharge under 11 U.S.C.S. § 1328(e).
Ruling: 
Discharge revoked due to debtor's failure to disclose inheritance received less than two months after petition date.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-066

In re Cooke

The chapter 13 debtors filed an objection to a claim filed by a creditor, the debtor husband's former wife. The creditor asserted that the debt owed to her by the debtor husband was a domestic support obligation and thus, should be given priority treatment.
Ruling: 
Debt that was held nondischargeable in prior chapter 7 case but was not a domestic support order was dischargeable in subsequent chapter 13 case.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-086

McDow v. Carbaugh (In re Carbaugh)

In this chapter 7 case, the United States Trustee (UST) filed an Objection to Discharge, asserting that the debtor should be denied discharge under 11 U.S.C.S. § 727(a)(2) or § 727(a)(4).
Ruling: 
Discharge denied due to debtor farmer's failure to disclose accounts, equipment or hay.
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Consumer case opionion summary, case decided on June 29,2011, LexisNexis #0911-094

Didlake v. Wachovia Bank (In re Didlake)

Chapter 13 debtors filed a complaint against defendant creditor pursuant to 11 U.S.C.S. § 506(a) seeking to determine the value of the creditor's secured interest in property owned by the debtors. The creditor failed to respond to a summons and notice of pre-trial conference and was in default, but the court exercised its discretion not to enter a default judgment.
Ruling: 
Credit line deed of trust secured solely by debtor's principal residence could not be modified by plan.
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Consumer case opionion summary, case decided on June 29,2011, LexisNexis #0911-099

In re Byington

Chapter 11 debtors, individuals, filed an application to employ legal counsel. The United States Trustee filed an objection to employment on the basis of inconsistent and inaccurate disclosures regarding the pre-petition services rendered by the firm to the debtors, including the nondisclosure of the payment of the $1,039 filing fee on debtor's behalf, by the debtor's son from his corporate account.
Ruling: 
Debtor's counsel not entitled to fees related to proceedings concerning inadequate disclosure.
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Consumer case opionion summary, case decided on June 13,2011, LexisNexis #0811-003

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