Judge Phillips

Drake, In re--Allen v. Drake

Ruling: 
Debtor was not collaterally estopped from relitigating issues decided by state court as the successful anti-SLAPP motion was not a determination that debtor's ations were willful and malicious. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on January 05,2018, LexisNexis #0218-044

Conard, In re--Conard v. IRS

Ruling: 
Debtor's tax liability was nondischargeable as he consciously chose to use his earnings to payfor discretionary items rather than to pay his taxes. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 13,2017, LexisNexis #0118-070

Ward, In re--Liberty Mut. Ins. Co. v. Ward

Ruling: 
Debts were nondischargeable as creditor established that debtor committed defalcation.(Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on November 29,2017, LexisNexis #0118-016

Baker, In re

Ruling: 
Plan could not be confirmed as debtor was claiming both marital adjustment and secured debt payment deductions when she had no secured debt obligation in connection with her spouse's mortgage debt. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on November 08,2017, LexisNexis #1217-055

Matson v. Rescue Rangers, LLC (Rescue Rangers, LLC)

Ruling: 
Causes of action for aiding and abetting fraudulent transfers and conspiracy to fraudulentlytransfer shall be dismissed if not supported by the allegation that the defendants received theproperty transferred or that they actually benefotted from the said transfer. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on September 29,2017, LexisNexis #1117-018

Copley, In re--Copley v. United States

Ruling: 
United States is bound by the abrogation of sovereign immunity and may not claim sovereignimmunity in the proceeding as debtors were not acting as trustees and were not seeking thetax refund for the benefit of the estate. (Bankr. E.D. Va)
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Consumer case opionion summary, case decided on September 13,2017, LexisNexis #1017-061

Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC

Ruling: 
Debtors were awarded actual damages for damages resulting from violations of the automaticstay. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on August 14,2017, LexisNexis #0917-066

Koropey v. Penn. Virginia Corp. (Penn. Virginia Corp.)

Ruling: 
Plaintiff could no longer seek revocation of debtor's plan as he was time-barred and failed to state a claim for fraud. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on July 21,2017, LexisNexis #0817-114

PCC Liquidating Trust v. W. Va. State Tax Dep't (In re Patriot Coal Corp.)

Ruling: 
Proceeding seeking turnover of state tax refund dismissed as premature. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on November 22,2016, LexisNexis #1216-075

Compass Chem. Int'l, LLC v. Failon (In re Failon)

Ruling: 
State court judgment based on willful and malicious conduct was nondischargeable. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 29,2016, LexisNexis #1116-020

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