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Northern District

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

Flint v. W. Va. State Tax Dep't (In re Flint)

Ruling: 
Statements sent to debtor by state tax department violated the discharge injunction. (Bankr.N.D.W. Va.)
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Consumer case opionion summary, case decided on September 12,2016, LexisNexis #1016-019

In re D & R Distribs.

Ruling: 
Settlement consisting of waivers by creditor and debtor of their respective claims approved. (Bankr. N.D.W. Va.)
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Commercial case opionion summary, case decided on September 12,2016, LexisNexis #1016-035

DAmico v. Dept of Treasury (In re DAmico)

Ruling: 
Treasury department's offset of debt owed to U.S. Postal Service from retirement benefits violated the automatic stay.
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Consumer case opionion summary, case decided on February 01,2016, LexisNexis #0216-113

Fluharty v. Duet (In re Summit III LLC)

Ruling: 
Redemption payments to former member of LLC were not avoidable.
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Commercial case opionion summary, case decided on January 28,2016, LexisNexis #0416-088

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