- 11 U.S.C.
West, In re--Boggs v. West
Aug
01
2018
Ruling
State court judgment against debtor was nondischargeable where his actions against plaintiff were willful and malicious and he was found liable for the intentional torts of assault and battery. (Bankr. N.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of West, In re--Boggs v. West Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Tara Retail Grp., Inc., In re
Jun
15
2018
Ruling
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
ABI Membership is required to access the full summary of Tara Retail Grp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Emerald Grande, LLC, In re
Jun
04
2018
Ruling
Court denied creditors' motion to convert case as creditors failed to demonstrate that debtor has grossly mismanaged its estate. (Bankr. N.D. W. Va.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Loss or Diminution of Estate.
ABI Membership is required to access the full summary of Emerald Grande, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Combs, In re
May
11
2018
Ruling
Case dismissed and debtors barred from filing for 180 days from dismissal where debtorsabandoned their first case and filed their second case in an effort to escape the consequencesof the stay relief granted in their first case. (Bankr. N.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
ABI Membership is required to access the full summary of Combs, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jade Invs., LLC, In re
May
01
2018
Ruling
Motion to dismiss denied where creditor made no showing of subjective bad faith orobjective futility on the part of debtor or its principals. (Bankr. S.D. W. Va.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
ABI Membership is required to access the full summary of Jade Invs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Blackwell, In re
Mar
05
2018
Ruling
Confirmation of debtors' chapter 13 plan was denied as it did not stand in a confirmable posture after the court accepted the valuation of the real estate. (Bankr. S.D. W. Va.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
ABI Membership is required to access the full summary of Blackwell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Tara Retail Grp., Inc, In re
Feb
14
2018
Ruling
Court approved debtor's resolution of its objection to a proof of claim as debtor’s proposed compromise with a tenant-creditor did not constitute the unauthorized use of a secured creditor’s cash collateral. (Bankr. N.D. W. Va.)
Issue(s)
Use, Sale, or Lease of Property; “Cash Collateral” Defined.
ABI Membership is required to access the full summary of Tara Retail Grp., Inc, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Douay, In re
Jan
19
2018
Ruling
Purchased vehicle was not for the personal use of the debtor as his non-filing partner was the lone operator of the vehicle as of the petition date, regardless if they were in one household. (Bankr. N.D. W. Va.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
ABI Membership is required to access the full summary of Douay, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rogers, In re
Jan
05
2018
Ruling
Renewed motion for contempt or violation of the discharge order denied as there was no evidence of new efforts to seek collection of discharged debt. (Bankr. S.D. W. Va.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
ABI Membership is required to access the full summary of Rogers, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Tara Retail Grp., Inc., In re
Jan
03
2018
Ruling
Court ruled that the settlement agreed upon was not to be considered an impermissible lock-up agreement as the claim objection part of the settlement could essentially stand on its own even without needing the agreement to vote in favor of the plan of the debtor. (Bankr. N.D. W. Va.)
Issue(s)
Postpetition Disclosure and Solicitation; Transmittal of Plan and Disclosure Statement.
ABI Membership is required to access the full summary of Tara Retail Grp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: