- FRBP
Moore Trucking, Inc., In re
Jul
14
2020
Ruling
Debtor's motion for discovery of business and financial records granted. (Bankr. S.D. W. Va.)
Issue(s)
Examination.
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Court
:
( Judge Volk ) [ Bankruptcy Court ]
- 28 U.S.C.
Patriot Coal Corp., In re--Parsley v. Blackhawk Mining, LLC
Sep
06
2018
Ruling
Motion to transfer granted as it is in the interests of justice for the home court, which hadconfirmed the debtors' chapter 11 plan, to interpret the disputed asset purchase agreementthat had been incorporated in the plan. (Bankr. S.D. W. Va.)
Issue(s)
Change of Venue.
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Court
:
Shuff, In re
Aug
07
2018
Ruling
Debtors were barred filing another bankruptcy case for 180 days as they failed to attend the scheduled 341 meeting of creditors and did not file required documents. (Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.
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Court
:
- 11 U.S.C.
Jade Invs., LLC, In re
May
01
2018
Ruling
Motion to dismiss denied where creditor made no showing of subjective bad faith orobjective futility on the part of debtor or its principals. (Bankr. S.D. W. Va.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
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Court
:
Blackwell, In re
Mar
05
2018
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.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
- 11 U.S.C.
Rogers, In re
Jan
05
2018
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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Hard Rock Exploration, Inc., In re
Dec
18
2017
Ruling
Court determined extent of creditor's lien and extent of debtors' assets that constitutedcollateral. (Bankr. S.D. W. Va.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
Passage Midland Meadows Operations, LLC, In re
Dec
01
2017
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.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection.
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Court
:
- 11 U.S.C.
Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins
Dec
01
2017
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.).
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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Court
:
- 11 U.S.C.
Clark, In re--Clark v. Clark
Sep
30
2017
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
: