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District of west virginia

In re Acad. Animal Hosp., Inc.

Ruling
Corporate debtor's chapter 11 bankruptcy case dismissed for being a small business case andfor failure to file a plan for reorganizing business. (Bankr. S.D. W. Va.)
Issue(s)
Who May File a Plan; Provisions for Small Business Cases.

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Commercial opinion summary, case decided on December 29, 2016 , LexisNexis #0217-020

In re Taylor

Ruling
Hardship discharge granted where debtor had passed away and modification of plan wasimpractible. (Bankr. S.D. W. Va.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-056

In re Musgrave

Ruling
Hardship discharge granted following chapter 13 debtor’s stroke. (Bankr. S.D.W. Va.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-026

In re Haught

Ruling
Proof of claim disallowed due to debtor’s rebuttal of presumption of validity. (Bankr. S.D.W.Va.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-009

Stormes v. Discover Bank (In re Stormes)

Ruling
Dismissal or transfer of adversary proceeding after seven months denied. (Bankr. S.D.W. Va.)
Issue(s)
Change of Venue.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-086

Pauley v. Pauley (In re Pauley)

Ruling
Collateral estoppel did not bar debtor’s challenge to nonsdischargeability of debt due toinsufficient factual findings by state court. (Bankr. S.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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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-074

In re James F. Humphreys & Assocs., LC

Ruling
Creditors allowed to withdraw claims against debtor law firm to concentrate on seekingrecovery from firm’s non-debtor principal. (Bankr. S.D.W. Va.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on October 21, 2016 , LexisNexis #1116-104

In re D & R Distribs.

Ruling
Settlement consisting of waivers by creditor and debtor of their respective claims approved. (Bankr. N.D.W. Va.)
Issue(s)
Should trustee’s settlement of creditor’s claim against the estate and claim of the estate against the creditor be approved?

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Commercial opinion summary, case decided on September 12, 2016 , LexisNexis #1016-035

Flint v. W. Va. State Tax Dep't (In re Flint)

Ruling
Statements sent to debtor by state tax department violated the discharge injunction. (Bankr.N.D.W. Va.)
Issue(s)
Did state tax department violate the discharge injunction?

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Consumer opinion summary, case decided on September 12, 2016 , LexisNexis #1016-019

Quinet v. Martin (In re Martin)

Ruling
Late filed nondischargeability proceeding did not relate back to filing date of proof of claim. (Bankr. S.D.W. Va.)
Issue(s)
Could late-filed nondischargeability be allowed as relating back to the filing date of creditor’s proof of claim?

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Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #1016-105