West Virginia

In re Brumm

Chapter 13 debtor filed a motion to refinance his principal residence and payoff his confirmed chapter 13 plan early. The chapter 13 trustee objected to the motion, unless the debtor was required to modify the plan's dividend to unsecured creditors from 0 percent to 100 percent.
Ruling: 
Debtor allowed to refinance appreciated property to payoff plan early without modification.
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In re Hartley

The debtors filed a motion to reopen their chapter 7 bankruptcy case to add two creditors who had filed an action against one debtor and his corporation in the state court. The debtors also sought to obtain a declaratory judgment that any prepetition claim the creditors had against the debtor was discharged and to amend Schedule B to add tools inadvertently omitted from Schedule B.
Ruling: 
No asset case reopened to allow debtors to add creditors and ownership interest in tools that would add value to the estate.
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Logan Med. Found. Inc. v. Hayflich & Steinberg (In re Logan Med. Found. Inc.)

Plaintiff debtor brought an adversary proceeding against defendants, a public accounting firm and an accountant, objecting to defendants'proof of claim for unpaid accounting services. Defendants moved to dismiss the complaint, arguing that the bankruptcy court lacked subject matter jurisdiction and that the debtor's claims were barred by judicial estoppel. The court held a hearing on the motion.
Ruling: 
Bankruptcy court had subject matter jurisdiction over objection to proof of claim joined to claim for relief where debtor had fully disclosed its cause of action.
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In re Charles Edwards Enters.

Movant creditors, an individual and a lumber company, filed motions for relief from an automatic stay in debtor corporation's bankruptcy proceedings so that the creditors could pierce the debtor's corporate veil and pursue state law claims against the debtor for, inter alia, false representations and actual fraud. The chapter 7 trustee filed objections to both motions.
Ruling: 
Court denied creditors'motions for relief from automatic stay since creditors had filed proofs of claim and alter ego and veil piercing claims could only be pursued by trustee.
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In re Norman

Debtors filed a motion to extend the automatic stay beyond the 30-day period pursuant to 11 U.S.C. § 362(c)(3)(B). The debtors filed their motion 28 days after filing their chapter 7 bankruptcy petition.
Ruling: 
Debtors'motion to extend automatic stay filed on 28th day after filing was denied as being untimely filed under circumstances.
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In re Carr

A chapter 13 case was before the court on debtor's motion to extend the automatic stay beyond the 30th day following the filing of this case pursuant to 11 U.S.C. § 362(c)(3)(B). The motion was unopposed. The matter was before the court for preparation of a memorandum opinion memorializing its bench ruling.
Ruling: 
Automatic stay was extended beyond 30th day following filing since, under totality of circumstances, case was filed in good faith.
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In re Merritt

Debtors filed a motion to compel the chapter 13 trustee to disburse the non- exempt equity from the sale of the debtors'real property to them instead of to their unsecured creditors. The trustee requested that the motion be denied and that the distribution to the debtors'unsecured creditors be increased from zero percent to 100 percent.
Ruling: 
Court interpreted modification order to mean that all filed claims were to be paid in full and, thus, denied turnover of non-exempt proceeds of sale of debtors'real estate.
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In re Lehosit

Movant debtor filed a motion, requesting that the court reopen his bankruptcy case in order to compel a bankruptcy trustee to administer or abandon a lawsuit that the debtor had filed against an individual.
Ruling: 
Court granted debtor's motion to reopen case since lawsuit was asset of estate for trustee to administer or abandon.
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In re Boring

A creditor filed a motion to confirm the absence of the automatic stay after the debtor failed to affirmatively state on her statement of intention whether she was reaffirming, redeeming, or surrendering the collateral that secured her debt.
Ruling: 
Motion to confirm absence of automatic stay was granted since debtor's statement of intention failed to state whether debtor was reaffirming, redeeming, or surrendering collateral securing debt.
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In re Latovljevic

The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
Ruling: 
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
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