Skip to main content

Page Banner(Taxonomy)

District of west virginia

Black, In re--World's Foremost Bank v. Black

Ruling
Debtor's credit card debt was not excepted from discharge as she had no intention to deceive the bank in misstating her annual income. (Bankr. N.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

ABI Membership is required to access the full summary of Black, In re--World's Foremost Bank v. Black Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 21, 2017 , LexisNexis #0517-097

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.

ABI Membership is required to access the full summary of Sabbatical, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Fairmont Gen. Hosp., Inc., In re

Ruling
Claimant's amendment of his claim was permissible as he merely adjusted the claim to be more accurate in reducing the total amount of his claim although well beyond the claims bar date. (Bankr. N.D. W. Va.)
Issue(s)
Allowance of Claims or Interests; Objections.

ABI Membership is required to access the full summary of Fairmont Gen. Hosp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 24, 2017 , LexisNexis #0417-100

Jacques v. Hoak (In re Hoak)

Ruling
State court judgment for willful and malicious injury by debtor to creditor was deemednondischargeable. (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.

ABI Membership is required to access the full summary of Jacques v. Hoak (In re Hoak) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 09, 2017 , LexisNexis #0217-037

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.

ABI Membership is required to access the full summary of In re Acad. Animal Hosp., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of In re Taylor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of In re Musgrave Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

In re Haught

Ruling
Proof of claim disallowed due to debtor’s rebuttal of presumption of validity. (Bankr. S.D.W.Va.)
Issue(s)
Allowance of Claims or Interests; Objections.

ABI Membership is required to access the full summary of In re Haught Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-009

Stormes v. Discover Bank (In re Stormes)

Ruling
Dismissal or transfer of adversary proceeding after seven months denied. (Bankr. S.D.W. Va.)
Issue(s)
Change of Venue.

ABI Membership is required to access the full summary of Stormes v. Discover Bank (In re Stormes) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-086

Pauley v. Pauley (In re Pauley)

Ruling
Collateral estoppel did not bar debtor’s challenge to nonsdischargeability of debt due toinsufficient factual findings by state court. (Bankr. S.D.W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Pauley v. Pauley (In re Pauley) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-074