- 11 U.S.C.
Davis, In re--Davis v. Long Reach Fed. Credit Union
Aug
01
2017
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.)
Issue(s)
Protection Against Discriminatory Treatment.
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- 11 U.S.C.
McDade, In re--McDade v. Direct Subsidized Consolidation Loan
Jul
27
2017
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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- 11 U.S.C.
John Stewart Custom Woodworking, Inc., In re
Jul
20
2017
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.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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- 11 U.S.C.
W. Va. High Tech. Consortium Found., In re
Apr
21
2017
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.)
Issue(s)
Appointment of Trustee or Examiner.
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- 11 U.S.C.
Black, In re--World's Foremost Bank v. Black
Apr
21
2017
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Fairmont Gen. Hosp., Inc., In re
Mar
24
2017
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.)
Issue(s)
Allowance of Claims or Interests; Objections.
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- 11 U.S.C.
Jacques v. Hoak (In re Hoak)
Jan
09
2017
Ruling
State court judgment for willful and malicious injury by debtor to creditor was deemednondischargeable. (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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( Judge Flatley ) [ Bankruptcy Court ]
In re D & R Distribs.
Sep
12
2016
Ruling
Settlement consisting of waivers by creditor and debtor of their respective claims approved. (Bankr. N.D.W. Va.)
Issue(s)
Should trustee’s settlement of creditor’s claim against the estate and claim of the estate against the creditor be approved?
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- 11 U.S.C.
Flint v. W. Va. State Tax Dep't (In re Flint)
Sep
12
2016
Ruling
Statements sent to debtor by state tax department violated the discharge injunction. (Bankr.N.D.W. Va.)
Issue(s)
Did state tax department violate the discharge injunction?
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- 11 U.S.C.
DAmico v. Dept of Treasury (In re DAmico)
Feb
01
2016
Ruling
Treasury department's offset of debt owed to U.S. Postal Service from retirement benefits violated the automatic stay.
Issue(s)
Did the Department of Treasury, Bureau of Fiscal Service and the United States Postal Service ("USPS") willfully violated the automatic stay by withholding retirement benefits to offset debtor's overdraw of leave hours?
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