West Virginia

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

Passage Midland Meadows Operations, LLC, In re

Ruling: 
Lessor lawfully terminated the master lease, the court having found that according to thenature of the lease, the propety was nonresidential in nature and was thus not estate property.(Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on December 01,2017, LexisNexis #0118-009

Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins

Ruling: 
Debtor's discharge was denied where creditor has shown that debtor possessed livestock andequipment at filing and as there was no discharge entered, creditor also showed theunexplained loss of those assets prior to discharge. (Bankr. S.D. W. Va.)HOLDINGS; [1]-Creditor was not entitled to summary judgment on its 11 U.S.C.S. § 727(a)(2)(B) claim, asit provided insufficient proof that any transfers of its collateral -- equipment or livestock -- were made afterthe filing date of the petition; [2]-Creditor made the requisite showing under § 727(a)(5), as debtoracknowledged on his schedules that he owned livestock and equipment at filing and, because no dischargewas entered, creditor showed the unexplained loss of those assets prior to discharge; [3]-Debtor's claim thatthe collateral was taken or sold by another creditor was a fantastical assertion, as livestock and farmequipment were not small possessions that could easily be removed without his knowledge; [4]-Assertionthat he had no idea where the equipment or cattle went was simply incredible and did not rise to the levelof the showing required to defeat summary judgment.Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins, 2017 Bankr. LEXIS 4099 (Bankr. S.D. W. Va. December 1, 2017) (Volk, C.B.J.).
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Consumer case opionion summary, case decided on December 01,2017, LexisNexis #0118-027

Clark, In re--Clark v. Clark

Ruling: 
Obligation created as part of the parties' property settlement agreement was not a domesticsupport obligation and was therefore dischargeable. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on September 30,2017, LexisNexis #1117-050

Nichols, In re--Nichols v. Nichols

Ruling: 
Automatic stay that had been effected was annulled after the actions and violations that werethe basis of the stay were deemed to have not been violations at all. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on September 30,2017, LexisNexis #1117-036

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