In re James F. Humphreys & Assocs. L.C.
Mar
03
2016
Ruling
Debtor in possession could retain attorneys who previously represented defendants in cases brought by debtor.
Issue(s)
Whether to grant debtor-in-possession's application to retain a law firm under 11 U.S.C.S. §§ 327(a) and 329 over the objection that the law firm represented clients against whom debtor brought suit on behalf of the objectors.
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Court
:
- 11 U.S.C.
In re Wilson
Feb
22
2016
Ruling
Hardship discharge denied where debtor's plan was confirmed after spouse's death.
Issue(s)
Was debtor eligible for a chapter 13 hardship discharge where debtor spouse passed away prior to plan confirmation?
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Court
:
- 11 U.S.C.
In re Manley
Feb
01
2016
Ruling
Debtors could not cram down claim secured by mobile home that was undervalued in proposed plan.
Issue(s)
Could debtors cram down a claim secured by a mortgage on their mobile home?
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Court
:
- 11 U.S.C.
In re TLH Invs. LLC
Jan
04
2016
Ruling
Chapter 11 debtors in possession's motion for sale of property denied and cases ordered converted to chapter 7 to maximize value of estates.
Issue(s)
Could corporate and individual debtors in possession obtain approval to see real property or should the cases be converted to chapter 7 to maximize value of the respective estates?
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Court
:
- 11 U.S.C.
Johns v. Frye (In re Frye)
Dec
31
2015
Ruling
Transfers of real property and vehicle to debtors' son and daughter-in-law could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of real property and a vehicle the debtors made to their son and daughter-in-law as constructively fraudulent?
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Court
:
- 11 U.S.C.
Johns v. Brown (In re Fannon)
Dec
31
2015
Ruling
Transfers of vehicle, trailers, jet ski and camper to debtor's son could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of a motor vehicle, two trailers, a jet ski, and a camper the debtor made to her son as constructively fraudulent?
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Court
:
- 11 U.S.C.
In re Fouts
Sep
10
2015
Ruling
Case dismissed due to debtor’s failure to obtain required credit counseling in absence ofexigent circumstances. (Bankr. S.D.W. Va.)
Issue(s)
Should debtor’s case be dismissed due to failure to completed required credit counseling?
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Court
:
- 11 U.S.C.
United States v. Hall (In re Hall)
May
30
2014
Ruling
Debt for Social Security Disability benefits obtained through fraud was nondischargeable.
Issue(s)
Was debt to the Social Security Administration for an overpayment of Social Security Disability Insurance Benefits nondischargeable because of the debtor's failure to notify the SSA that she had returned to work?
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Court
:
- 11 U.S.C.
In re Mountain Country Partners LLC
Jun
25
2012
Ruling
Involuntary petition filed by three holders of valid promissory notes granted.
Procedural posture
Petitioning creditors filed an involuntary petition under the Bankruptcy Code, seeking an order which placed an LLC into bankruptcy because it was not paying its debts. The LLC opposed the petition.
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Court
:
- 28 U.S.C.
Ghannam v. Standish (In re Protan)
Sep
30
2011
Ruling
Mandatory abstention did not apply to property damage dispute between debtor and former spouse pending before family court.
Procedural posture
Trustee filed an adversary proceeding in the U. S. Bankruptcy Court for the Southern District of West Virginia, Charleston Division, against defendant creditors, seeking avoidance of a property transfer and repayment of a loan made by a chapter 7 debtor to one of the creditors. The bankruptcy court invalidated a prenuptial agreement and entered judgment in favor of the trustee. The creditors appealed.
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Court
: