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southern district of west virginia

In re Taylor

Ruling
Hardship discharge granted where debtor had passed away and modification of plan wasimpractible. (Bankr. S.D. W. Va.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion 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.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-026

In re Haught

Ruling
Proof of claim disallowed due to debtor’s rebuttal of presumption of validity. (Bankr. S.D.W.Va.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-009

Stormes v. Discover Bank (In re Stormes)

Ruling
Dismissal or transfer of adversary proceeding after seven months denied. (Bankr. S.D.W. Va.)
Issue(s)
Change of Venue.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-086

Pauley v. Pauley (In re Pauley)

Ruling
Collateral estoppel did not bar debtor’s challenge to nonsdischargeability of debt due toinsufficient factual findings by state court. (Bankr. S.D.W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-074

In re James F. Humphreys & Assocs., LC

Ruling
Creditors allowed to withdraw claims against debtor law firm to concentrate on seekingrecovery from firm’s non-debtor principal. (Bankr. S.D.W. Va.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on October 21, 2016 , LexisNexis #1116-104

Quinet v. Martin (In re Martin)

Ruling
Late filed nondischargeability proceeding did not relate back to filing date of proof of claim. (Bankr. S.D.W. Va.)
Issue(s)
Could late-filed nondischargeability be allowed as relating back to the filing date of creditor’s proof of claim?

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Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #1016-105

In re Cazon, LLC

Ruling
Settlement of complex litigation approved over objections of equity member of debtor. (Bankr.S.D. Va.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on July 27, 2016 , LexisNexis #1216-060

In re Dixon

Ruling
Property valuation modified downward based on amount of swampland on debtor’s property.(Bankr. S.D.W. Va.)
Issue(s)
What was proper valuation of debtor’s property that served as collateral for creditor’s loan?

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Consumer opinion summary, case decided on July 26, 2016 , LexisNexis #0816-071

In re James F. Humphreys & Assocs.

Ruling
Claims against sole owner of debtor law firm, but not those against the firm, remanded.
Issue(s)
Should debtors’ claims against law firm and its sole owner be remanded to state court?

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Commercial opinion summary, case decided on July 15, 2016 , LexisNexis #0816-058