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District of virginia

Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC

Ruling
Withdrawal of the reference was warranted as the adversary proceeding between nondebtor parties no longer had any bearing on the bankruptcy estate. (Bankr. E.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Cases Under Title 11.

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Commercial opinion summary, case decided on February 11, 2021 , LexisNexis #0321-096

Sultan, In re

Ruling
Case dismissed because the debtor failed to complete the credit counseling as required by 11U.S.C. § 109(h)(1) prior to filing his petition. (Bankr. E.D. Va.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Approved Nonprofit Agency.

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Consumer opinion summary, case decided on January 07, 2021 , LexisNexis #0221-026

E. Coast Custom Coaches, Inc., In re

Ruling
Judgment for the trustee and against setoff was warranted based on preclusive effect of statecourt judgment. (Bankr. E.D. Va.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on December 11, 2020 , LexisNexis #0121-089

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.

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

Desert Lake Grp., LLC, In re

Ruling
Debtor's Chapter 11 plan confirmed as it complied with all applicable confirmationrequirements and filed in good faith without need to resort to the cram down exception.(Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on September 30, 2020 , LexisNexis #1120-046

Decker, In re--Scott v. Decker

Ruling
Post-petition shareholder distributions transferred by S corporation to debtor were property ofthe estate. (Bankr. W.D. Va.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-040

Dickson, In re--James River Petroleum, Inc. v. Dickson

Ruling
Debt was nondischargeable on grounds of fiduciary defalcation where debtor conveniencestore lessee used the proceeds of consigned fuel sales for the business's own needs. (Bankr.E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-036

Rosenberger, In re

Ruling
Motion to dismiss Chapter 12 case denied as debtor was engaged in a farming operation at thetime she filed her petition. (Bankr. W.D. Va.)
Issue(s)
Definitions; “Family Farmer”.

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-026

Vidangel, Inc., In re

Ruling
Plan of reorganization was confirmed as it was proposed in good faith and complied with therequirements. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on September 04, 2020 , LexisNexis #1020-069

Wilton Armetale, Inc., In re

Ruling
Chapter 7 trustee's motion to abandon common law causes of action against debtor's formerlegal counsel granted. (Bankr. E.D. Pa.)
Issue(s)
Abandonment of Property of the Estate.

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Commercial opinion summary, case decided on August 25, 2020 , LexisNexis #1020-013