- 11 U.S.C.
Hard Rock Exploration, Inc., In re
Dec
18
2017
Ruling
Court determined extent of creditor's lien and extent of debtors' assets that constitutedcollateral. (Bankr. S.D. W. Va.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
- 11 U.S.C.
Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins
Dec
01
2017
Ruling
Debtor's discharge was denied where creditor has shown that debtor possessed livestock andequipment at filing and as there was no discharge entered, creditor also showed theunexplained loss of those assets prior to discharge. (Bankr. S.D. W. Va.)HOLDINGS; [1]-Creditor was not entitled to summary judgment on its 11 U.S.C.S. § 727(a)(2)(B) claim, asit provided insufficient proof that any transfers of its collateral -- equipment or livestock -- were made afterthe filing date of the petition; [2]-Creditor made the requisite showing under § 727(a)(5), as debtoracknowledged on his schedules that he owned livestock and equipment at filing and, because no dischargewas entered, creditor showed the unexplained loss of those assets prior to discharge; [3]-Debtor's claim thatthe collateral was taken or sold by another creditor was a fantastical assertion, as livestock and farmequipment were not small possessions that could easily be removed without his knowledge; [4]-Assertionthat he had no idea where the equipment or cattle went was simply incredible and did not rise to the levelof the showing required to defeat summary judgment.Adkins, In re--Quality Car & Truck Leasing, Inc. v. Adkins, 2017 Bankr. LEXIS 4099 (Bankr. S.D. W. Va. December 1, 2017) (Volk, C.B.J.).
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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Passage Midland Meadows Operations, LLC, In re
Dec
01
2017
Ruling
Lessor lawfully terminated the master lease, the court having found that according to thenature of the lease, the propety was nonresidential in nature and was thus not estate property.(Bankr. S.D. W. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection.
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Court
:
- 11 U.S.C.
Clark, In re--Clark v. Clark
Sep
30
2017
Ruling
Obligation created as part of the parties' property settlement agreement was not a domesticsupport obligation and was therefore dischargeable. (Bankr. S.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 11 U.S.C.
Dials, In re--Dials v. HSBC Bank USA, N.A.
Sep
30
2017
Ruling
Court granted in rem relief from the automatic bankruptcy stay in order to allow foreclosureproceedings against the real property in question, as a prior order for relief was deemedbinding on the bankruptcy debtor. (Bankr. S.D. W. Va.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
- 11 U.S.C.
Nichols, In re--Nichols v. Nichols
Sep
30
2017
Ruling
Automatic stay that had been effected was annulled after the actions and violations that werethe basis of the stay were deemed to have not been violations at all. (Bankr. S.D. W. Va.)
Issue(s)
Automatic Stay.
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Weikle, In re
Sep
13
2017
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.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
- 11 U.S.C.
Thomas, In re--Houck v. Thomas
Aug
14
2017
Ruling
Relief from automatic stay was warranted to permit plaintiff to proceed in the state court.(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.
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Butler, In re
Aug
02
2017
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.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
- 11 U.S.C.
Davis, In re--Davis v. Long Reach Fed. Credit Union
Aug
01
2017
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.)
Issue(s)
Protection Against Discriminatory Treatment.
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Court
: