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Judge Volk

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.)
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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.)
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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.)
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Consumer case opionion summary, case decided on August 02,2017, LexisNexis #0917-020

Richards, In re

Ruling: 
Court held that the term "disbursement" should be interpreted to the broadest possible scope to include all debtor payments. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on June 23,2017, LexisNexis #0717-116

Cottrell, In re

Ruling: 
Debtor barred from filing future bankruptcy case for 180 days after failing to abide by orders of the court. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on June 09,2017, LexisNexis #0717-033

Thaxton, In re

Ruling: 
Bankruptcy debtors declared as fully paid and discharged are still liable for certain debtswhich have not been expressly declared discharged in the discharge order. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on May 30,2017, LexisNexis #0717-009

Sabbatical, Inc., In re

Ruling: 
U.S. trustee's motion to appoint chapter 11 trustee was granted as the court saw that it was necessary and in the best interest of the estate. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on March 24,2017, LexisNexis #0417-113

In re Acad. Animal Hosp., Inc.

Ruling: 
Corporate debtor's chapter 11 bankruptcy case dismissed for being a small business case andfor failure to file a plan for reorganizing business. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on December 29,2016, LexisNexis #0217-020

In re Taylor

Ruling: 
Hardship discharge granted where debtor had passed away and modification of plan wasimpractible. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on December 08,2016, LexisNexis #0117-056

In re Musgrave

Ruling: 
Hardship discharge granted following chapter 13 debtor’s stroke. (Bankr. S.D.W. Va.)
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Consumer case opionion summary, case decided on December 05,2016, LexisNexis #0117-026

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