Weikle, In re
Sep
13
2017
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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Court
:
- 11 U.S.C.
Thomas, In re--Houck v. Thomas
Aug
14
2017
Ruling
Relief from automatic stay was warranted to permit plaintiff to proceed in the state court.(Bankr. N.D. W. 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
:
Butler, In re
Aug
02
2017
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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Court
:
- 11 U.S.C.
Davis, In re--Davis v. Long Reach Fed. Credit Union
Aug
01
2017
Ruling
Debtor's complaint was dismissed after the court found that the defendant terminated thedebtor for a reason other than her bankruptcy or insolvency. (Bankr. N.D. W. Va.)
Issue(s)
Protection Against Discriminatory Treatment.
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Court
:
- 11 U.S.C.
McDade, In re--McDade v. Direct Subsidized Consolidation Loan
Jul
27
2017
Ruling
Debtor's student loan debts were nondischargeable where debtor failed to demonstrate that repayment of her student loans caused her to suffer a below-minimal standard of living. (Bankr. N.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
John Stewart Custom Woodworking, Inc., In re
Jul
20
2017
Ruling
Homeowners were granted relief from stay as they were subject to greater harm than other creditors and had an individual claim that did not belong to the estate. (Bankr. N.D. W. Va.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 28 U.S.C.
Richards, In re
Jun
23
2017
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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Court
:
- 11 U.S.C.
Cottrell, In re
Jun
09
2017
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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Court
:
- 11 U.S.C.
Thaxton, In re
May
30
2017
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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Court
:
- 11 U.S.C.
W. Va. High Tech. Consortium Found., In re
Apr
21
2017
Ruling
Motion to appoint trustee was denied where there was no clear and convincing evidence that the debtors' management grossly mismanaged debtors or were dishonest. (Bankr. N.D. W. Va.)
Issue(s)
Appointment of Trustee or Examiner.
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Court
: