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southern district of west virginia

Martin, In re

Ruling
Chapter 7 case converted due to debtor's ability to pay more than half of their scheduledunsecured debt in a Chapter 13 case. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on February 23, 2022 , LexisNexis #0422-068

Nicksion, In re

Ruling
Chapter 13 debtor's motion to discharge was denied due to insufficient plan payments to thetrustee. (Bankr. D. Kan.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on August 11, 2021 , LexisNexis #1021-075

John Q. Hammons Fall 2006, LLC, In re

Ruling
Stay relief was granted to allow for resolution of liability issue in state court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on February 22, 2021 , LexisNexis #0521-030

John Q. Hammons Fall 2006, LLC, In re

Ruling
Stay relief was granted to allow for resolution of liability issue in state court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on February 22, 2021 , LexisNexis #0521-030

Blackjewel, L.L.C., In re

Ruling
Following initiation of an adversary proceeding against bank discovery would be governed by the Federal Rules of Civil Procedure. (Bankr. S.D. W. Va.)
Issue(s)
Examination.

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Court :
Commercial opinion summary, case decided on July 14, 2020 , LexisNexis #0820-074

Moore Trucking, Inc., In re

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 :
Commercial opinion summary, case decided on July 14, 2020 , LexisNexis #0820-073

Patriot Coal Corp., In re--Parsley v. Blackhawk Mining, LLC

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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Commercial opinion summary, case decided on September 06, 2018 , LexisNexis #1018-088

Shuff, In re

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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Consumer opinion summary, case decided on August 07, 2018 , LexisNexis #0918-092

Jade Invs., LLC, In re

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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Commercial opinion summary, case decided on May 01, 2018 , LexisNexis #0618-019

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.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Consumer opinion summary, case decided on March 05, 2018 , LexisNexis #0418-035