Judge Phillips

Toys "R" Us, Inc., In re

Ruling: 
Court overruled creditor's objection to the debtors' proposed assumption and assignment of the lease where the interest of the debtors in obtaining the full value of the lease outweighed any detriment to the creditor. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 31,2018, LexisNexis #0718-034

Toys "R" Us, Inc., In re

Ruling: 
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-097

Basl, In re--Moreno v. Basl

Ruling: 
Debt was dischargeable where judgment did not satisfy the malice element of § 523(a)(6) as there was no evidence that debtor acted deliberately and intentionally caused harm. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 18,2018, LexisNexis #0518-115

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

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