West Virginia

Eddy v. Educational Credit Management Corp. (In re Eddy)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor with no disabilities or medical conditions who did not make good faith effort to pay denied discharge of student loan debt.
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McNemar v. Student Loan Servicing Center (In re McNemar)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor who made voluntary decision to cease payments denied undue hardship discharge of student loan debt.
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In re Lackey

Debtor, pro se, filed a motion to reconsider the court's order dismissing his chapter 13 case based on his failure to obtain a prepetition, budget and credit counseling briefing, and based on his ineligibility to obtain a postponement or waiver of that requirement.
Ruling: 
Reconsideration of dismissal for failure to comply with credit counseling requirements of BAPCPA denied.
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In re Brown

After bankruptcy debtors'case was closed, the debtors'former mortgagee filed an eviction action against the debtors and the debtors counterclaimed on the ground that the mortgagee engaged in improper debt collection activities. After the case was reopened, the trustee moved for leave to release the debtors' prepetition cause of action against the mortgagee to the debtors in exchange for a cash payment.
Ruling: 
Debtor's motion to purchase cause of action from estate in closed case granted over objection of potential defendant.
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In re Tropea

An unsuccessful stalking horse bidder for the business assets of the chapter 13 debtor asked the bankruptcy court to award him a "finder's fee" of $3,000 to offset his unrecovered costs. The court held a hearing on the request.
Ruling: 
Unsuccessful stalking horse bidder debtor's business entitled to administrativ expense fee as efforts prevented tax sale to benefit of estate.
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Boyd v. Household Auto Fin. (In re Boyd)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor to avoid its lien on the debtors'vehicle as being a preferential transfer under 11 U.S.C. § 547. The creditor did not respond and a default judgment was entered against it. The creditor moved for relief from the default judgment pursuant to the "excusable neglect" standard of Fed. R. Civ. P. 60(b)(1), made applicable to bankruptcy by Fed. R. Bankr. P. 9024.
Ruling: 
Creditor's default in adversary proceeding was due to neglect of seven court notices which was not excusable.
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Walters Construction Inc. v. Cook (In re Cook)

Plaintiff contractor sued defendant chapter 7 debtor, seeking to exempt a $17,000 debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) or (B) on the grounds that the debtor falsely certified a subcontractor's payroll records. The creditor moved for summary judgment.
Ruling: 
Creditor was not entitled to summary judgment that debt was excepted from discharge for fraud absent showing of scienter.
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In re Hall

A debtor filed a renewed motion for an exemption from the requirement of 11 U.S.C. § 727(a)(11) that he participate in the instructional course concerning personal financial management before being entitled to a chapter 7 discharge.
Ruling: 
Eighty-one-year-old debtor with severe physical impairment and health issues granted disability waiver of personal financial management course.
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Rose v. Jaga Inc. (In re Jaga Inc.)

Plaintiff, the trustee of a particular trust, challenged an order of the bankruptcy court, which granted summary judgment to defendant debtors and overruled the trustee's objection that a 1968 land agreement should have been either automatically terminated as an unassumed lease for nonresidential property pursuant to 11 U.S.C. § 365(d)(4) or terminated for breach of an implied covenant.
Ruling: 
Summary judgment order was vacated, and matter was remanded to consider state law since agreement was not true lease that could be assumed or rejected under section 365(d)(4).
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In re Delbrugge

Creditor objected to confirmation of the chapter 13 plan proposed by debtors on the basis that debtors should not be allowed to deduct the costs of a hypothetical sale of their residence in performing the best interests of the creditors calculation of 11 U.S.C. § 1325(a)(4) due to the particular facts of this case.
Ruling: 
Court held that debtors were allowed to deduct estimated costs of sale of their residence in performing section 1325(a)(4)'s best interests of creditors test.
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