Hurt, In re--Hurt v. United States Dep't of Housing & Urban Dev't
Dec
27
2017
Ruling
Section 553(b) did not allow recovery by the trustee as there was no reduction in thedefendant's insufficiency. (Bankr. W.D. Va.)
Issue(s)
Setoff; Prepetition Setoff.
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Court
:
Williams, In re--Robbins v. Delafield
Dec
08
2017
Ruling
Court deemed that disclosure of limited information in a confidential document was not necessarily a waiver of the § 107(b) protection in the entire document. (Bankr. W.D. Va.)
Issue(s)
Public Access to Papers; Protective Orders.
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Court
:
Brooks, In re--Brooks v. United States HUD
Dec
04
2017
Ruling
Debtor's claims were dismissed as they were not "related to" a case under Title 11 as it was anordinary landlord-tenant contract dispute outside of bankruptcy. (Bankr. W.D. Va.)
Issue(s)
Order Granting Recognition; Modification.
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Court
:
- 11 U.S.C.
Kern, In re
Nov
29
2017
Ruling
Court ruled that merely owning a piece of property in another state and moving somepersonal items into it, with the intent to relocate there at some point in the future, did notsatisfy the prong that the debtors have a "physical presence" in the state. (Bankr. W.D. Va.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.
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Court
:
- 11 U.S.C.
Carr, In re--Pence v. Carr
Oct
17
2017
Ruling
Debts were dischargeable in part as majority of the other damages to the mobile home wereconsequence of slovenly living habits, negligence, and deplorable housekeeping. (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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Court
:
Nowell, In re--Dulles Motorcars, Inc. v. Nowell
May
11
2017
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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Court
:
- 11 U.S.C.
Griffith, In re--McKell v. Griffith
Mar
07
2017
Ruling
Debt was not excepted from discharge where the court found that nothing in the record showed that debtor engaged in actual fraud to deprive creditor of his money. (Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud
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Court
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Young, In re--Young v. Doe
Feb
14
2017
Ruling
Debtor's application to proceed in forma pauperis denied where the court found the appeal tobe frivolous. (Bankr. W.D. Va.)
Issue(s)
Bankruptcy Fees; Waiver.
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Court
:
- 11 U.S.C.
In re Kirk LLC
Dec
15
2016
Ruling
LLC's proposed plan confirmed because there is an adequate disclosure statement and allcreditors had voted in favor of the plan. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Mandatory Provisions; Adequate Means of Implementation.
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Court
:
- 11 U.S.C.
Boyd v. New Peoples Bank, Inc. (In re Boyd)
Nov
29
2016
Ruling
Debtor could not recover payments on prepetition obligation made voluntary to bank thatviolated the discharge injunction. (Bankr. W.D. Va.)
Issue(s)
Effect of Discharge.
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Court
: