Southern District

Blackwell, In re

Ruling: 
Confirmation of debtors' chapter 13 plan was denied as it did not stand in a confirmable posture after the court accepted the valuation of the real estate. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Blackwell, 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 March 05,2018, LexisNexis #0418-035

Rogers, In re

Ruling: 
Renewed motion for contempt or violation of the discharge order denied as there was no evidence of new efforts to seek collection of discharged debt. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Rogers, 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 05,2018, LexisNexis #0218-047

Hard Rock Exploration, Inc., In re

Ruling: 
Court determined extent of creditor's lien and extent of debtors' assets that constitutedcollateral. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Hard Rock Exploration, 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 December 18,2017, LexisNexis #0218-009

Passage Midland Meadows Operations, LLC, In re

Ruling: 
Lessor lawfully terminated the master lease, the court having found that according to thenature of the lease, the propety was nonresidential in nature and was thus not estate property.(Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Passage Midland Meadows Operations, 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 December 01,2017, LexisNexis #0118-009

Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins

Ruling: 
Debtor's discharge was denied where creditor has shown that debtor possessed livestock andequipment at filing and as there was no discharge entered, creditor also showed theunexplained loss of those assets prior to discharge. (Bankr. S.D. W. Va.)HOLDINGS; [1]-Creditor was not entitled to summary judgment on its 11 U.S.C.S. § 727(a)(2)(B) claim, asit provided insufficient proof that any transfers of its collateral -- equipment or livestock -- were made afterthe filing date of the petition; [2]-Creditor made the requisite showing under § 727(a)(5), as debtoracknowledged on his schedules that he owned livestock and equipment at filing and, because no dischargewas entered, creditor showed the unexplained loss of those assets prior to discharge; [3]-Debtor's claim thatthe collateral was taken or sold by another creditor was a fantastical assertion, as livestock and farmequipment were not small possessions that could easily be removed without his knowledge; [4]-Assertionthat he had no idea where the equipment or cattle went was simply incredible and did not rise to the levelof the showing required to defeat summary judgment.Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins, 2017 Bankr. LEXIS 4099 (Bankr. S.D. W. Va. December 1, 2017) (Volk, C.B.J.).
ABI Membership is required to access the full summary of Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins. 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 December 01,2017, LexisNexis #0118-027

Clark, In re--Clark v. Clark

Ruling: 
Obligation created as part of the parties' property settlement agreement was not a domesticsupport obligation and was therefore dischargeable. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Clark, In re--Clark v. Clark. 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 September 30,2017, LexisNexis #1117-050

Nichols, In re--Nichols v. Nichols

Ruling: 
Automatic stay that had been effected was annulled after the actions and violations that werethe basis of the stay were deemed to have not been violations at all. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Nichols, In re--Nichols v. Nichols. 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 September 30,2017, LexisNexis #1117-036

Dials, In re--Dials v. HSBC Bank USA, N.A.

Ruling: 
Court granted in rem relief from the automatic bankruptcy stay in order to allow foreclosureproceedings against the real property in question, as a prior order for relief was deemedbinding on the bankruptcy debtor. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Dials, In re--Dials v. HSBC Bank USA, N.A.. 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 September 30,2017, LexisNexis #1117-040

Weikle, In re

Ruling: 
Debtors' land and home could not be valued separately because debtors did not rebut thepresumption that they intended the home to be a part of their real estate. (Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Weikle, 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 September 13,2017, LexisNexis #1017-073

Butler, In re

Ruling: 
Bankruptcy case dismissed as the trustee failed to demonstrate cause to convert case and,assuming cause, conversion would not be in the best interests of the creditors and estate.(Bankr. S.D. W. Va.)
ABI Membership is required to access the full summary of Butler, 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 02,2017, LexisNexis #0917-020

Pages

Subscribe to Southern District