West Virginia

Weikle, In re

Ruling: 
Debtors' land and home could not be valued separately because debtors did not rebut thepresumption that they intended the home to be a part of their real estate. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on September 13,2017, LexisNexis #1017-073

Thomas, In re--Houck v. Thomas

Ruling: 
Relief from automatic stay was warranted to permit plaintiff to proceed in the state court.(Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 14,2017, LexisNexis #0917-072

McDade, In re--McDade v. Direct Subsidized Consolidation Loan

Ruling: 
Debtor's student loan debts were nondischargeable where debtor failed to demonstrate that repayment of her student loans caused her to suffer a below-minimal standard of living. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on July 27,2017, LexisNexis #0917-049

Davis, In re--Davis v. Long Reach Fed. Credit Union

Ruling: 
Debtor's complaint was dismissed after the court found that the defendant terminated thedebtor for a reason other than her bankruptcy or insolvency. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 01,2017, LexisNexis #0917-014

Butler, In re

Ruling: 
Bankruptcy case dismissed as the trustee failed to demonstrate cause to convert case and,assuming cause, conversion would not be in the best interests of the creditors and estate.(Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on August 02,2017, LexisNexis #0917-020

John Stewart Custom Woodworking, Inc., In re

Ruling: 
Homeowners were granted relief from stay as they were subject to greater harm than other creditors and had an individual claim that did not belong to the estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on July 20,2017, LexisNexis #0817-093

Richards, In re

Ruling: 
Court held that the term "disbursement" should be interpreted to the broadest possible scope to include all debtor payments. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on June 23,2017, LexisNexis #0717-116

Cottrell, In re

Ruling: 
Debtor barred from filing future bankruptcy case for 180 days after failing to abide by orders of the court. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on June 09,2017, LexisNexis #0717-033

Thaxton, In re

Ruling: 
Bankruptcy debtors declared as fully paid and discharged are still liable for certain debtswhich have not been expressly declared discharged in the discharge order. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on May 30,2017, LexisNexis #0717-009

W. Va. High Tech. Consortium Found., In re

Ruling: 
Motion to appoint trustee was denied where there was no clear and convincing evidence that the debtors' management grossly mismanaged debtors or were dishonest. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on April 21,2017, LexisNexis #0517-106

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