West Virginia

Tara Retail Grp., Inc., In re

Ruling: 
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069

Emerald Grande, LLC, In re

Ruling: 
Court denied creditors' motion to convert case as creditors failed to demonstrate that debtor has grossly mismanaged its estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-055

Combs, In re

Ruling: 
Case dismissed and debtors barred from filing for 180 days from dismissal where debtorsabandoned their first case and filed their second case in an effort to escape the consequencesof the stay relief granted in their first case. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on May 11,2018, LexisNexis #0618-033

Jade Invs., LLC, In re

Ruling: 
Motion to dismiss denied where creditor made no showing of subjective bad faith orobjective futility on the part of debtor or its principals. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on May 01,2018, LexisNexis #0618-019

Tara Retail Grp., Inc, In re

Ruling: 
Court approved debtor's resolution of its objection to a proof of claim as debtor’s proposed compromise with a tenant-creditor did not constitute the unauthorized use of a secured creditor’s cash collateral. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on February 14,2018, LexisNexis #0418-033

Blackwell, In re

Ruling: 
Confirmation of debtors' chapter 13 plan was denied as it did not stand in a confirmable posture after the court accepted the valuation of the real estate. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on March 05,2018, LexisNexis #0418-035

Douay, In re

Ruling: 
Purchased vehicle was not for the personal use of the debtor as his non-filing partner was the lone operator of the vehicle as of the petition date, regardless if they were in one household. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-110

Tara Retail Grp., Inc., In re

Ruling: 
Court ruled that the settlement agreed upon was not to be considered an impermissible lock-up agreement as the claim objection part of the settlement could essentially stand on its own even without needing the agreement to vote in favor of the plan of the debtor. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on January 03,2018, LexisNexis #0218-108

Rogers, In re

Ruling: 
Renewed motion for contempt or violation of the discharge order denied as there was no evidence of new efforts to seek collection of discharged debt. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on January 05,2018, LexisNexis #0218-047

Hard Rock Exploration, Inc., In re

Ruling: 
Court determined extent of creditor's lien and extent of debtors' assets that constitutedcollateral. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on December 18,2017, LexisNexis #0218-009

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