4th Circuit

Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program

Ruling: 
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047

Wood, In re

Ruling: 
Automatic stay was terminated as to debtor and debtor's property as he had filed an earlier chapter 13 case that was dismissed less than one year before his current case. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-034

Myers, In re--United States Tr. v. Myers

Ruling: 
Debtor's discharge denied where he fraudulently and intentionally inflated a lien on hisschedules and his records were insufficient to determine whether there were avoidabletransfers that could have been pursued. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-020

Daniels, In re

Ruling: 
Trustee's objections to debtors' chapter 13 plan confirmation were overruled where debtorshad not engaged in any bad faith conduct. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-025

Smith, In re--Smith v. Citizens Fin. Grp., Inc.

Ruling: 
Bankruptcy court abstained from hearing complaint where it could not determine whether res judicata applied and a ruling on the merits would disturb the prior state court judgment regardless of the applicability of the Rooker-Feldman doctrine. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-117

McMaken, In re

Ruling: 
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097

C & M Invs. of High Point Inc., In re

Ruling: 
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on September 04,2018, LexisNexis #1018-087

Patriot Coal Corp., In re--Parsley v. Blackhawk Mining, LLC

Ruling: 
Motion to transfer granted as it is in the interests of justice for the home court, which hadconfirmed the debtors' chapter 11 plan, to interpret the disputed asset purchase agreementthat had been incorporated in the plan. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-088

Williams, In re--Fitzgerald v. Delafield

Ruling: 
Defendants were not entitled to a stay pending appeal of an order imposing the sanction of afive-year suspension from practice before the court. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #1018-090

Randle, In re--Randle v. Saga Auto Sales, Inc.

Ruling: 
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065

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