West Virginia

City of Clarksburg v. Sprouse (In re Sprouse)

Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.
Ruling: 
Claim based on creditor city's postpetition demolition of property pursuant to prepetition condemnation was discharged in debtor's bankruptcy.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-025

City of Clarksburg v. Sprouse (In re Sprouse)

Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.
Ruling: 
Claims of city for demolition costs of condemned property that was scheduled prior to petition date were discharged in debtor's bankruptcy.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-130

In re Vandernick

In separate cases, bankruptcy debtors purchased vehicles within the period prior to filing their bankruptcy petitions which implicated the provision of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5) barring application of 11 U.S.C.S. § 506 to claims secured by the vehicles. The debtors proposed plans with minimal or no interest to creditors holding such claims, and the creditors objected to confirmation of the plans.
Ruling: 
Hanging paragraph did not prevent application of prime-plus interest on claims secured by vehicles.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-089

Grimes v. First-Citizens Bank & Trust Co. (In re Grimes)

Plaintiff debtor objected that the bankruptcy court lacked jurisdiction under 28 U.S.C.S. § 157(b)(5) to hear his action against defendants, a bank and its officials, for negligence.
Ruling: 
Negligence action against bank and its officials would benefit creditors and was related to debtor's bankruptcy.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-094

In re Bland

A creditor objected that a debtor was not an individual with regular income and was ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e).
Ruling: 
Contributions from non-debtor spouse could be considered in determination that debtor was eligible under chapter 13.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-073

Barker v. King

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.
Ruling: 
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-062

Barker v. King

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.
Ruling: 
124 medical malpractice cases against debtor remanded to state court.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-025

In re Linn

The chapter 13 Trustee objected to the confirmation of the chapter 13 plan proposed by the debtor on the basis that the plan failed to commit all his disposable income to the plan to the payment of unsecured creditors, as required by 11 U.S.C.S. § 1325(b).
Ruling: 
Confirmation granted over objection of trustee that debtor was not devoting all disposable income to plan where it was in best interests of creditors for debtor to remain in chapter 13.
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Consumer case opionion summary, case decided on March 10,2008, LexisNexis #0408-092

In re Windwood Heights Inc.

Debtor developer filed a petition under chapter 11 of the Bankruptcy Code in the State of New Jersey, and the case was transferred to the Northern District of West Virginia. A judgment creditor filed a motion for relief from the automatic stay, pursuant 11 U.S.C.S. § 362(d)(3). The debtor opposed the motion.
Ruling: 
Relief from stay to allow foreclosure in "single asset real estate" case denied where possibility for equitable plan existed.
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Commercial case opionion summary, case decided on February 25,2008, LexisNexis #0308-112

McDow v. Wamsley (In re Wamsley)

The U.S. trustee sought to revoke a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1).
Ruling: 
Discharge revoked due to debtor's repeated omissions and false oaths.
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Consumer case opionion summary, case decided on February 22,2008, LexisNexis #0308-138

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