Judge Flatley

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.)
ABI Membership is required to access the full summary of Dotson, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

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.)
ABI Membership is required to access the full summary of Dotson, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

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.)
ABI Membership is required to access the full summary of West, In re--Boggs v. West. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-050

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.)
ABI Membership is required to access the full summary of Tara Retail Grp., Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Emerald Grande, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Combs, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 11,2018, LexisNexis #0618-033

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.)
ABI Membership is required to access the full summary of Tara Retail Grp., Inc, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Douay, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Tara Retail Grp., Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Thomas, In re--Houck v. Thomas. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 14,2017, LexisNexis #0917-072

Pages

Subscribe to Judge Flatley