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judge connelly

Edwards, In re

Ruling
Creditor’s refusal to return a motorcycle to debtor after unlawfully repossessing it was awillful violation of the automatic stay. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 25, 2019 , LexisNexis #1119-031

Hoffman, In re

Ruling
Trustee's motion to reopen debtor's case to disburse creditor refunds and file a new finalreport and account was granted as debtor's request to modify her plan was untimely. (Bankr.W.D. Va.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-052

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.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on March 01, 2019 , LexisNexis #0419-056

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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent

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Commercial opinion summary, case decided on February 22, 2019 , LexisNexis #0419-062

Cassidy, In re

Ruling
State court's consent order and damages the state court awarded the debtor created a debt that was nondischargeable. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on January 10, 2019 , LexisNexis #0219-034

Minick, In re

Ruling
Motion to dismiss bankruptcy case was denied where court ruled that debtor's prepetitionconduct in which he had an extramarital affair was not the type demonstrating abuse ofprovisions of the bankruptcy law. (Bankr. W.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on May 31, 2018 , LexisNexis #0718-020

Rollison, In re

Ruling
Motion to reopen chapter 7 case to add unlisted creditors was denied as reopening the case would not affect the dischargeability of the unlisted debts. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor Objection; When Objection is Necessary.

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Consumer opinion summary, case decided on January 18, 2018 , LexisNexis #0218-100

Nowell, In re--Dulles Motorcars, Inc. v. Nowell

Ruling
Creditor's motion to dismiss debtor's case was time-barred as it was filed after debtor's discharge. (Bankr. W.D. Va.)
Issue(s)
Grant or Denial of Discharge; Time for Objecting to Discharge; Notice of Time Fixed.

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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-059

In re Hite

Ruling
Debtors could exclude Medicare waiver benefits debtors received to care for severely disabledson from current monthly income and did not need to be included in chapter 13 plan. (Bankr.W.D. Va.)
Issue(s)
Should confirmation be denied on the grounds that the debtors have not allocated all of their disposable income towards payments to unsecured creditors?

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Consumer opinion summary, case decided on September 06, 2016 , LexisNexis #0916-135

In re Stinnie

Ruling
Waiver of credit counseling requirement denied. (Bankr. W.D. Va.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on August 04, 2016 , LexisNexis #1116-001