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southern district of west virginia

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.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.

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Consumer opinion 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.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Collected or Withheld Tax.

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Consumer opinion 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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; Interests of the Estate.

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Commercial opinion 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.)
Issue(s)
Who May File a Plan; Provisions for Small Business Cases.

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Commercial opinion 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.)
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