4th Circuit

In re Sanchez v. Clifford (In re Clifford)

Ruling: 
Debt was not nondischargeable where debtor did not intend to harm creditor and his actionswere not calculated to scare or intimidate her. (Bankr. D. Md.)HOLDINGS [1]-Debtor breached a "no contact" agreement that obligated him to refrain from harassingcreditor by procuring others to photograph her at restaurants, but his filing of a report with MarylandChild Protective Services and funding the children's father's custody battle was not harassment, as itappeared to be motivated by genuine concern for the children's wellbeing; [2]-Creditor was entitled tonominal damages for breach of contract as well as, under the agreement, attorney's fees incurred toenforce a provision thereof; [3]-Court found in favor of debtor on creditor's IIED claim, as the evidencedid not show that he caused, or intended to cause, her severe distress; [4]-Claim for non-dischargeabilityunder 11 U.S.C. § 523(a)(6) was denied, as the evidence did not show that debtor intended to harmcreditor, and his actions were not calculated to scare or intimidate her.In re Sanchez v. Clifford (In re Clifford), 2019 Bankr. LEXIS 1261 (Bankr. D. Md. April 22, 2019) (Simpson, B.J.).
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Consumer case opionion summary, case decided on April 22,2019, LexisNexis #0719-014

Fletcher, In re

Ruling: 
Debtor’s wife could not convert case to chapter 13 as she was an ineligible debtor under §109(g)(2). (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-079

Chu, In re

Ruling: 
Separate classification of debtor's gambling debt deemed as an unfair discrimination againstcasino creditor. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 10,2019, LexisNexis #0619-074

Spearman, In re

Ruling: 
Court ordered that trial be reconvened to call debtor's attorney to the stand to testify as to whyfinancial information provided by debtor was not included in her original and amendedstatement of affairs. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-091

Runnymede Capital Mgmt., In re

Ruling: 
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062

Dyer, In re

Ruling: 
Court retroactively annulled the automatic stay as creditor acted in good faith and withoutnotice of the automatic stay when it obtained court judgment. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0419-056

Reid, In re

Ruling: 
Court denied debtors' motion to convert as debtors were ineligible to be chapter 13 debtors asthey were over the unsecured debt limits and merely sought to delay the inevitable at theexpense of their creditors. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-040

Hunter, In re

Ruling: 
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-019

Vardan, In re--Wells Fargo Bank, N.A. v. Vardan

Ruling: 
Foreclosure sale of subject property was valid where the first order granting in rem relief fromautomatic stay was a final order and therefore enforceable. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-003

BK Racing, LLC, In re

Ruling: 
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-079

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