West Virginia

Leneski v. Smith (In re Smith)

A judgment creditor of chapter 7 debtors sought pro se to except a debt from the debtors'discharge pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Leaving leased premises in sordid condition did not rise to level of willful and malicious injury and did not render debt to landlord nondischargeable.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0108-044

In re Campbell

A creditor of a chapter 13 debtor objected to the voluntary dismissal of the debtor's case pursuant to 11 U.S.C. § 1307(b) and sought to set aside the sale of the debtor's real property as unauthorized under 11 U.S.C. § 363.
Ruling: 
Debtor had absolute right to voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0108-053

In re Fiddler

The debtors filed for relief under chapter 13. A chapter 13 trustee filed a motion to modify a confirmed chapter 13 plan, pursuant to 11 U.S.C. § 1329. The trustee sought to modify the plan so that the debtors would pay 100 percent of all filed claims. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Appreciation in value of debtor's property was not grounds for trustee's modification of confirmed plan.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0708-070

In re Iams Funeral Home Inc.

A state attorney general sought entry of an order that declared all preneed funeral contracts held by a chapter 11 debtor to be excepted from property of the debtor's bankruptcy estate, and confirmed that the automatic stay, 11 U.S.C. § 362, did not apply to litigation initiated by the attorney general against the debtor for alleged violations of state law.
Ruling: 
Attorney general's action alleging violation of funeral laws was excepted from stay as exercise of police and regulatory power.
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Commercial case opionion summary, case decided on December 06,2007, LexisNexis #1207-110

In re Nestor

A debtor converted his former chapter 13 proceeding to a chapter 7 proceeding. The debtor sought to avoid a judicial lien, pursuant to 11 U.S.C. § 522(f), that was entered pursuant to a state court judgment entered against the debtor for civil penalties incurred for alleged violations of the West Virginia Consumer Credit and Protection Act.
Ruling: 
Judgment lien avoided as imposed while debtor still had an interest in real property that was later sold at foreclosure sale.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-044

Johnston v. Valley Credit Servs. (In re Johnson)

Plaintiff debtor filed an action against defendant collection agency alleging that the agency violated the discharge injunction, pursuant to 11 U.S.C. § 524(a), by allegedly engaging in postpetition collection activity. The debtor filed a motion for summary judgment and the agency filed a cross-motion for summary judgment.
Ruling: 
Actions by collection agency for municipal water department that did not receive notice of bankruptcy did not violate discharge injunction.
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Consumer case opionion summary, case decided on October 25,2007, LexisNexis #1107-063

In re Bardell

Debtor had defaulted on his mortgage loan, and a trustee under a deed of trust conducted a foreclosure sale. Two days later, debtor filed for chapter 13 relief. Debtor sought to undo the foreclosure sale and cure his mortgage arrearage in his proposed plan. The Bankruptcy Court for the Northern District of West Virginia ruled debtor was not entitled to cure his mortgage default or to avoid the prepetition foreclosure sale. Debtor appealed.
Ruling: 
Prepetition foreclosure terminated debtor's right to cure default through plan.
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Kinder MorgenPinney Dock & Transp. LLC v. Mittal Steel USA Inc. (In re Weirton Steel Corp.)

Plaintiff filed an adversary complaint against defendants, the entities that purchased substantially all the assets of a chapter 11 debtor and the successor to the entities, alleging that defendants failed to pay the remaining cure amount of an agreement that was allegedly assumed and assigned to one of the entities as part of its purchase of the debtor's assets. The successor filed a motion for judgment on the pleadings.
Ruling: 
Bankruptcy court lacked jurisdiction over cure payments under agreement from which debtor was released upon sale of the agreement and other assets.
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Puller v. Credit Collections USA Inc. (In re Puller)

Plaintiff debtor filed an adversary proceeding against defendant collection agency to vindicate an alleged violation of her discharge injunction. Specifically, she alleged that, by providing information to credit reporting agencies prepetition, and by failing to timely correct that information post-discharge, it engaged in an act to collect a discharged debt. The case was before the court on the collection agency's motion for summary judgment.
Ruling: 
Creditor's postpetition failure to timely correct misinformation provided to credit reporting agencies prepetition violated discharge.
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In re Cottrill

The debtors filed for relief under chapter 7 and they received a chapter 7 discharge in December, 2006. In February, 2007, the debtors filed reaffirmation agreements, with respect to two vehicles owned by the debtors and financed by the creditors, to waive the requirements of 11 U.S.C. § 524(c)(1). The court denied the motions at a hearing and set forth a memorandum opinion memorializing its ruling.
Ruling: 
Debtor could not reaffirm debts post-discharge where no action had been taken within 30 days of creditors'meeting.
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