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Northern District

Tucker v. Ohio Valley Amusement Co. (In re Tucker)

Appellee creditors filed an involuntary chapter 7 petition in the United States Bankruptcy Court for the Northern District of West Virginia against appellant debtor. The bankruptcy court granted the creditors relief under 11 U.S.C.S. § 303. The debtor appealed.
Ruling: 
Involuntary case was filed in good faith where debtor was not paying debts as they came due.
ABI Membership is required to access the full summary of Tucker v. Ohio Valley Amusement Co. (In re Tucker). 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 October 31,2011, LexisNexis #1111-072

First United Bank & Trust v. Warner (In re Grand Cent. Bldg. LLC)

Creditor filed an adversary proceeding against defendant guarantors on their commercial guarantees of a loan to a chapter 11 debtor. The guarantors filed a motion to dismiss for lack of subject matter jurisdiction.
Ruling: 
Proceeding by creditor against commercial guarantors of loan to chapter 11 debtor was related to bankruptcy.
ABI Membership is required to access the full summary of First United Bank & Trust v. Warner (In re Grand Cent. Bldg. LLC). 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 07,2011, LexisNexis #0711-028

Donham v. Walters (In re Walters)

In this Chapter 7 case, the Trustee objected to the debtor's discharge pursuant to 11 U.S.C.S. §§ 727(a)(2)(B), (a)(3), (a)(4)(A) and (a)(4)(D), and sought avoidance of certain transfers.
Ruling: 
State court judgments were not determinative of nondischargeability due to failure to allege misrepresentation by debtor or justifiable reliance by creditor.
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Consumer case opionion summary, case decided on June 06,2011, LexisNexis #0711-046

Wells Fargo Home Mortg. v. Van Wagner (In re Van Wagner)

Plaintiff creditor filed a complaint against defendants, a Chapter 7 debtor, a county clerk, a tax sale purchaser, and others, to set aside the tax sale on the grounds that it was conducted in violation of the automatic stay. The creditor also sought a declaration that debts owed to it by the debtor were excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The debtor and the tax sale purchaser moved to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Tax lien sale conducted after property had been abandoned did not violate stay.
ABI Membership is required to access the full summary of Wells Fargo Home Mortg. v. Van Wagner (In re Van Wagner). 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 April 28,2011, LexisNexis #0511-118

Timberline Four Seasons Resort Inc. v. Herlan (In re Herlan)

After plaintiff creditors filed an adversary complaint against debtor alleging causes of action to except debts from debtor's discharge per 11 U.S.C.S. § 523(a)(4) and (6), both parties sought summary judgment based, at least in part, on findings made by a state court that debtor was plaintiffs' "agent."
Ruling: 
Debts were dischargeable absent proof of fiduciary relationship or willful or malicious acts.
ABI Membership is required to access the full summary of Timberline Four Seasons Resort Inc. v. Herlan (In re Herlan). 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 March 18,2011, LexisNexis #0411-050

Cole v. Palmer (In re Palmer)

Plaintiff filed an adversary proceeding against chapter 11 debtor, seeking a determination that a judgment in the amount of $28,778 which they obtained against the debtor in the Circuit Court of Jefferson County, West Virginia, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and /or (a)(6). The case was tried to the court.
Ruling: 
Portions of state court judgment relating to violations of Truth in Lending and Magnuson- Moss Warranty Acts were nondischargeable but not not portion relating to state law violation absent evidence of malicious acts.
ABI Membership is required to access the full summary of Cole v. Palmer (In re Palmer). 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 14,2011, LexisNexis #0211-021

In re Van Wagner

Debtor filed a document entitled "Motion to Sustain Determinations from the January 14, 2010 Hearing," in which he sought a declaration that a Chapter 7 trustee abandoned certain property to him when the Trustee settled unrelated third-party litigation.
Ruling: 
Approval of settlement did not properly effect an abandonment of property.
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Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-055

In re Tucker

Petitioning creditors filed an involuntary petition under the Bankruptcy Code, pursuant to 11 U.S.C.S. § 303(b), seeking an order requiring an alleged debtor to seek relief under Chapter 7 of the Code. The alleged debtor filed two motions to dismiss the petition and an answer contesting the petition, and the court denied both motions and held a hearing to determine if the debtor should be placed into bankruptcy.
Ruling: 
Involuntary petition by debtor's former company, an LLC he once owned and an individual, all with qualified claims, could proceed.
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Consumer case opionion summary, case decided on November 21,2010, LexisNexis #1210-037

Davant v. Bailey (In re Bailey)

Plaintiff former spouse filed an adversary proceeding against defendant chapter 13 debtor, seeking a determination that obligations the debtor had to the former spouse were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15). The case was tried to the court.
Ruling: 
Award of former spouse's divorce attorneys' fees was nondischargeable but order for debtor to buy-out spouse's interest in marital home was dischargeable.
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Consumer case opionion summary, case decided on November 04,2010, LexisNexis #1210-016

Watson v. Stonewall Jackson Meml Hosp. Co. (In re Watson)

Plaintiff Chapter 7 debtor filed a complaint for contempt under 11 U.S.C.S. § 105 against defendants, a creditor and its attorney (collectively, the creditor), due to the creditor's filing of an allegedly false or fraudulent proof of claim. The creditor moved to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor could maintain proceeding against creditor for filing false or fraudulent proof of claim.
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Consumer case opionion summary, case decided on November 01,2010, LexisNexis #1110-106

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