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southern district of west virginia

Dials, In re--Dials v. HSBC Bank USA, N.A.

Ruling
Court granted in rem relief from the automatic bankruptcy stay in order to allow foreclosureproceedings against the real property in question, as a prior order for relief was deemedbinding on the bankruptcy debtor. (Bankr. S.D. W. Va.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.

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Consumer opinion summary, case decided on September 30, 2017 , LexisNexis #1117-040

Weikle, In re

Ruling
Debtors' land and home could not be valued separately because debtors did not rebut thepresumption that they intended the home to be a part of their real estate. (Bankr. S.D. W. Va.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Consumer opinion summary, case decided on September 13, 2017 , LexisNexis #1017-073

Butler, In re

Ruling
Bankruptcy case dismissed as the trustee failed to demonstrate cause to convert case and,assuming cause, conversion would not be in the best interests of the creditors and estate.(Bankr. S.D. W. Va.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on August 02, 2017 , LexisNexis #0917-020

Richards, In re

Ruling
Court held that the term "disbursement" should be interpreted to the broadest possible scope to include all debtor payments. (Bankr. S.D. W. Va.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

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Consumer opinion summary, case decided on June 23, 2017 , LexisNexis #0717-116

Cottrell, In re

Ruling
Debtor barred from filing future bankruptcy case for 180 days after failing to abide by orders of the court. (Bankr. S.D. W. Va.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.

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Consumer opinion summary, case decided on June 09, 2017 , LexisNexis #0717-033

Thaxton, In re

Ruling
Bankruptcy debtors declared as fully paid and discharged are still liable for certain debtswhich have not been expressly declared discharged in the discharge order. (Bankr. S.D. W. Va.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Collected or Withheld Tax.

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Consumer opinion summary, case decided on May 30, 2017 , LexisNexis #0717-009

Sabbatical, Inc., In re

Ruling
U.S. trustee's motion to appoint chapter 11 trustee was granted as the court saw that it was necessary and in the best interest of the estate. (Bankr. S.D. W. Va.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; Interests of the Estate.

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Commercial opinion summary, case decided on March 24, 2017 , LexisNexis #0417-113

In re Acad. Animal Hosp., Inc.

Ruling
Corporate debtor's chapter 11 bankruptcy case dismissed for being a small business case andfor failure to file a plan for reorganizing business. (Bankr. S.D. W. Va.)
Issue(s)
Who May File a Plan; Provisions for Small Business Cases.

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Commercial opinion summary, case decided on December 29, 2016 , LexisNexis #0217-020

In re Taylor

Ruling
Hardship discharge granted where debtor had passed away and modification of plan wasimpractible. (Bankr. S.D. W. Va.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-056

In re Musgrave

Ruling
Hardship discharge granted following chapter 13 debtor’s stroke. (Bankr. S.D.W. Va.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-026