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southern district of west virginia

In re Viridia LLC

Ruling
Extension of time to file plan denied.
Issue(s)
Was debtor in possession entitled to an extension of time to propose a chapter 11 plan?

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Commercial opinion summary, case decided on May 20, 2016 , LexisNexis #0616-062

In re Webb

Ruling
Relief from stay granted to allow creditor to enforce settlement agreement in state court.
Issue(s)
Shoud creditor be granted relief from stay to enforce a settlement agreement in state court?

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Consumer opinion summary, case decided on May 04, 2016 , LexisNexis #0616-002

In re James F. Humphreys & Assocs. L.C.

Ruling
Debtor in possession could retain attorneys who previously represented defendants in cases brought by debtor.
Issue(s)
Whether to grant debtor-in-possession's application to retain a law firm under 11 U.S.C.S. §§ 327(a) and 329 over the objection that the law firm represented clients against whom debtor brought suit on behalf of the objectors.

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Commercial opinion summary, case decided on March 03, 2016 , LexisNexis #0316-106

In re Wilson

Ruling
Hardship discharge denied where debtor's plan was confirmed after spouse's death.
Issue(s)
Was debtor eligible for a chapter 13 hardship discharge where debtor spouse passed away prior to plan confirmation?

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Consumer opinion summary, case decided on February 22, 2016 , LexisNexis #0316-100

In re Manley

Ruling
Debtors could not cram down claim secured by mobile home that was undervalued in proposed plan.
Issue(s)
Could debtors cram down a claim secured by a mortgage on their mobile home?

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Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0216-132

In re TLH Invs. LLC

Ruling
Chapter 11 debtors in possession's motion for sale of property denied and cases ordered converted to chapter 7 to maximize value of estates.
Issue(s)
Could corporate and individual debtors in possession obtain approval to see real property or should the cases be converted to chapter 7 to maximize value of the respective estates?

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Commercial opinion summary, case decided on January 04, 2016 , LexisNexis #0116-113

Johns v. Frye (In re Frye)

Ruling
Transfers of real property and vehicle to debtors' son and daughter-in-law could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of real property and a vehicle the debtors made to their son and daughter-in-law as constructively fraudulent?

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Consumer opinion summary, case decided on December 31, 2015 , LexisNexis #0116-125

Johns v. Brown (In re Fannon)

Ruling
Transfers of vehicle, trailers, jet ski and camper to debtor's son could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of a motor vehicle, two trailers, a jet ski, and a camper the debtor made to her son as constructively fraudulent?

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Consumer opinion summary, case decided on December 31, 2015 , LexisNexis #0116-126

In re Fouts

Ruling
Case dismissed due to debtor’s failure to obtain required credit counseling in absence ofexigent circumstances. (Bankr. S.D.W. Va.)
Issue(s)
Should debtor’s case be dismissed due to failure to completed required credit counseling?

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #0916-074

United States v. Hall (In re Hall)

Ruling
Debt for Social Security Disability benefits obtained through fraud was nondischargeable.
Issue(s)
Was debt to the Social Security Administration for an overpayment of Social Security Disability Insurance Benefits nondischargeable because of the debtor's failure to notify the SSA that she had returned to work?

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Consumer opinion summary, case decided on May 30, 2014 , LexisNexis #0814-012