Judge Johnston

Ghannam v. Standish (In re Protan)

Trustee filed an adversary proceeding in the U. S. Bankruptcy Court for the Southern District of West Virginia, Charleston Division, against defendant creditors, seeking avoidance of a property transfer and repayment of a loan made by a chapter 7 debtor to one of the creditors. The bankruptcy court invalidated a prenuptial agreement and entered judgment in favor of the trustee. The creditors appealed.
Ruling: 
Mandatory abstention did not apply to property damage dispute between debtor and former spouse pending before family court.
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Consumer case opionion summary, case decided on September 30,2011, LexisNexis #1011-135

Williams v. Basic Contr. Servs.

Plaintiff former employee filed suit based on her allegedly unlawful termination by defendant employer. The complaint alleged: (1) intentional infliction of emotional distress; (2) unlawful reprisal on the basis of whistleblowing in violation of 41 U.S.C.S. § 265; and (3) termination of employment in violation of substantial public policy. The employer filed a motion for judgment on the pleadings or, in the alternative, for summary judgment.
Ruling: 
Debtor's defense that failure to disclose EEOC claim in bankruptcy was inadvertent was sufficient to prevent dismissal.
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Consumer case opionion summary, case decided on November 09,2009, LexisNexis #1209-014

Brantley v. Williams

Plaintiffs, the putative purchasers of stock in the non-party debtor corporation from defendant seller, moved for a temporary restraining order and preliminary injunction to enjoin the sale of the stock pending the outcome of the involuntary bankruptcy case. The court considered the issue whether unusual circumstances were present, such that the automatic stay in the bankruptcy case should apply restrain further action in the instant case.
Ruling: 
Dispute involving purchase of non-party involuntary debtor corporation's stock stayed pending resolution of bankruptcy.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-001
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