West Virginia

United Bank Inc. v. Fedczak (In re Fedczak)

Plaintiff bank filed a complaint to deny defendant debtor a discharge in the debtor's chapter 7 bankruptcy proceeding, pursuant to 11 U.S.C. § 727(a)(2)(A). The bank contended that the debtor concealed property during the year preceding the bankruptcy filing.
Ruling: 
Discharge denied due to debtor's concealment of stock ownership.
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Wilson v. Wilson (In re Wilson)

Plaintiff, the former husband of defendant chapter 7 debtor, filed a motion for summary judgment on his complaint to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(2), (6) or (15). On similar grounds, a second plaintiff, the guardian ad litem for the daughter of the husband and the debtor, filed a motion for summary judgment to except a debt from discharge. The debtor filed a cross-motion for summary judgment.
Ruling: 
Attorney's fees of debtor's former husband and guardian ad litem resulting from debtor's false accusation of sexual abuse of daughter were excepted from discharge.
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In re McNeeley

Creditor sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2). Creditor and trustee objected to confirmation of chapter 13 debtors'proposed plan.
Ruling: 
Plan proposing retention of houseboat in which there was no equity while paying unsecured creditors less than eight percent of total claims was not proposed in good faith.
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Green Tree Servicing LLC v. Taylor (In re Taylor)

Appellant creditor and appellee debtor filed cross-appeals from an order in which the bankruptcy court awarded $5,000 in compensatory damages to the debtor pursuant to former 11 U.S.C. § 362(h) (now 11 U.S.C. § 362(k)) based on the creditor's willful violation of the automatic stay.
Ruling: 
Bankruptcy court properly awarded compensatory damages where creditor's willful violation of stay caused debtor to have a seizure.
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In re Estate of LaRosa

The debtors, a husband and wife, filed for relief under chapter 11. While the matter was pending, the debtor husband died. Counsel for the debtors filed an application with the court to approve employment of the counsel's law firm as special counsel for the administration of the deceased debtor's estate, pursuant to 11 U.S.C. § 327. The creditors objected to the application.
Ruling: 
Application of deceased debtor's counsel's law firm to be appointed as special counsel for administration of debtor's estate denied.
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In re Bardell

Chapter 13 debtor filed a motion requesting that creditor be held in contempt of court for rejecting debtor's postpetition mortgage payments. Creditor filed a motion for relief from stay. Debtor filed a motion to filed a late proof of claim.
Ruling: 
Debtor could not cure mortgage arrearage once equitable interest in property was extinguished by foreclosure.
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Robinson v. Robinson (In re Robinson)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse arising from the parties'divorce was not dischargeable under 11 U.S.C. § 523(a)(5) and (15), and on the basis of an equitable lien. The bankruptcy court conducted a trial.
Ruling: 
Award of interest in property specifically labeled as property distribution in divorce decree was dischargeable due to debtor's inability to pay.
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In re Buffalo Coal Co.

After the debtor filed a chapter 11 bankruptcy petition, it proposed to package an unexpired lease of nonresidential property, the related mining permits, and other assets for sale. The court approved the sale after a hearing, but ordered that a portion of the purchase price be placed in escrow pending resolution of the character of those funds. The court issued a memorandum to explain its rationale.
Ruling: 
Portion of proceeds of sale of estate property placed in escrow pending determination of which party was entitled to funds.
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In re Nice

Chapter 13 debtor filed a motion pursuant to 11 U.S.C. § 1325(a)(5)(B) to cram down the value of creditor's secured claim against her personal vehicle from $56,600 to $36,050.
Ruling: 
Cramdown of automobile loan allowed for presumptive replacement value in pre-BAPCPA case.
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In re Lee

Debtors moved to reopen, pursuant to 11 U.S.C. § 350(b), their discharged chapter 7 bankruptcy case to file two amended reaffirmation agreements to replace similar agreements that had been found to be defective and unenforceable, under 11 U.S.C. § 524. Debtors were attempting to refinance their real property and payoff the existing debts on their home and car.
Ruling: 
Debtors could not reopen case to file amended versions of deficient reaffirmation agreements.
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