Northern District

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

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

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

McDade, In re--McDade v. Direct Subsidized Consolidation Loan

Ruling: 
Debtor's student loan debts were nondischargeable where debtor failed to demonstrate that repayment of her student loans caused her to suffer a below-minimal standard of living. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on July 27,2017, LexisNexis #0917-049

Davis, In re--Davis v. Long Reach Fed. Credit Union

Ruling: 
Debtor's complaint was dismissed after the court found that the defendant terminated thedebtor for a reason other than her bankruptcy or insolvency. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 01,2017, LexisNexis #0917-014

John Stewart Custom Woodworking, Inc., In re

Ruling: 
Homeowners were granted relief from stay as they were subject to greater harm than other creditors and had an individual claim that did not belong to the estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on July 20,2017, LexisNexis #0817-093

W. Va. High Tech. Consortium Found., In re

Ruling: 
Motion to appoint trustee was denied where there was no clear and convincing evidence that the debtors' management grossly mismanaged debtors or were dishonest. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on April 21,2017, LexisNexis #0517-106

Black, In re--World's Foremost Bank v. Black

Ruling: 
Debtor's credit card debt was not excepted from discharge as she had no intention to deceive the bank in misstating her annual income. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on April 21,2017, LexisNexis #0517-097

Fairmont Gen. Hosp., Inc., In re

Ruling: 
Claimant's amendment of his claim was permissible as he merely adjusted the claim to be more accurate in reducing the total amount of his claim although well beyond the claims bar date. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on March 24,2017, LexisNexis #0417-100

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