- 11 U.S.C.
Dotson, In re
Aug
23
2018
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
- 11 U.S.C.
Dotson, In re
Aug
23
2018
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial
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Court
:
- 11 U.S.C.
West, In re--Boggs v. West
Aug
01
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
Tara Retail Grp., Inc., In re
Jun
15
2018
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.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
:
- 11 U.S.C.
Emerald Grande, LLC, In re
Jun
04
2018
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Loss or Diminution of Estate.
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Court
:
- 11 U.S.C.
Combs, In re
May
11
2018
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.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
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Court
:
Tara Retail Grp., Inc, In re
Feb
14
2018
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.)
Issue(s)
Use, Sale, or Lease of Property; “Cash Collateral” Defined.
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Court
:
Douay, In re
Jan
19
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Tara Retail Grp., Inc., In re
Jan
03
2018
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.)
Issue(s)
Postpetition Disclosure and Solicitation; Transmittal of Plan and Disclosure Statement.
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Court
:
- 11 U.S.C.
Thomas, In re--Houck v. Thomas
Aug
14
2017
Ruling
Relief from automatic stay was warranted to permit plaintiff to proceed in the state court.(Bankr. N.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
: