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Johnson, In re

Ruling
Motion to dismiss granted as complaint alleging malicious prosecution and defamation, failedto allege that debtors caused, or that the creditor suffered physical or bodily injury. (Bankr.E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-039

Gray, In re--Wingenbach v. Gray

Ruling
Claim based on a state court judgment against the debtor was nondischargeable as thehomeowners had shown by a preponderance of the evidence that the debtor made falserepresentations concerning his status as a licensed contractor. (Bankr. E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 12, 2024 , LexisNexis #0324-038

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Muse, In re

Ruling
Creditor's objection to confirmation overruled as debtor's actions in filing her bankruptcy andallowing insurance coverage to lapse did not rise to the level of an abuse of the provisions,purpose, or spirit of Chapter 13. (Bankr. E.D. Va.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on May 20, 2022 , LexisNexis #0722-048

Moore v. Berry (In re Moore)

Ruling
Court denied motion to dismiss as the trustee and the debtor did not lack standing to bring theavoidance proceeding. (Bankr. E.D. Va.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-042

Becker, In re

Ruling
Relief from automatic stay was granted to permit the husband to proceed with equitabledistribution in state court in order to determine the parties' respective rights to their maritalproperty. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on October 06, 2021 , LexisNexis #1121-081

Payne, In re

Ruling
Creditors violated the automatic stay by continuation of a judicial action or to recover aclaim against debtor that arose before the petition date. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against

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Consumer opinion summary, case decided on March 22, 2021 , LexisNexis #0521-001

Toys "r" Us, In re

Ruling
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on January 28, 2020 , LexisNexis #0320-037

Toys "R" Us Prop. Co. I, LLC, In re

Ruling
Landlord's objection to assumption and assignment of commercial lease overruled. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Adequate Assurance for Shopping Center Leases.

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Commercial opinion summary, case decided on March 05, 2019 , LexisNexis #0419-079