Aug
23
2018
Dotson, In re
Ruling:
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022
Aug
23
2018
Dotson, In re
Ruling:
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022
Aug
01
2018
West, In re--Boggs v. West
Ruling:
State court judgment against debtor was nondischargeable where his actions against plaintiff were willful and malicious and he was found liable for the intentional torts of assault and battery. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-050
Jun
15
2018
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
Jun
04
2018
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
May
11
2018
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
Feb
14
2018
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
Jan
19
2018
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
Jan
03
2018
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
Aug
14
2017
Thomas, In re--Houck v. Thomas
Ruling:
Relief from automatic stay was warranted to permit plaintiff to proceed in the state court.(Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 14,2017, LexisNexis #0917-072