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District of west virginia

In re James F. Humphreys & Assocs., LC

Ruling
Creditors allowed to withdraw claims against debtor law firm to concentrate on seekingrecovery from firm’s non-debtor principal. (Bankr. S.D.W. Va.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on October 21, 2016 , LexisNexis #1116-104

In re D & R Distribs.

Ruling
Settlement consisting of waivers by creditor and debtor of their respective claims approved. (Bankr. N.D.W. Va.)
Issue(s)
Should trustee’s settlement of creditor’s claim against the estate and claim of the estate against the creditor be approved?

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Commercial opinion summary, case decided on September 12, 2016 , LexisNexis #1016-035

Flint v. W. Va. State Tax Dep't (In re Flint)

Ruling
Statements sent to debtor by state tax department violated the discharge injunction. (Bankr.N.D.W. Va.)
Issue(s)
Did state tax department violate the discharge injunction?

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Consumer opinion summary, case decided on September 12, 2016 , LexisNexis #1016-019

Quinet v. Martin (In re Martin)

Ruling
Late filed nondischargeability proceeding did not relate back to filing date of proof of claim. (Bankr. S.D.W. Va.)
Issue(s)
Could late-filed nondischargeability be allowed as relating back to the filing date of creditor’s proof of claim?

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Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #1016-105

In re Cazon, LLC

Ruling
Settlement of complex litigation approved over objections of equity member of debtor. (Bankr.S.D. Va.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on July 27, 2016 , LexisNexis #1216-060

In re Dixon

Ruling
Property valuation modified downward based on amount of swampland on debtor’s property.(Bankr. S.D.W. Va.)
Issue(s)
What was proper valuation of debtor’s property that served as collateral for creditor’s loan?

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Consumer opinion summary, case decided on July 26, 2016 , LexisNexis #0816-071

In re James F. Humphreys & Assocs.

Ruling
Claims against sole owner of debtor law firm, but not those against the firm, remanded.
Issue(s)
Should debtors’ claims against law firm and its sole owner be remanded to state court?

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Commercial opinion summary, case decided on July 15, 2016 , LexisNexis #0816-058

In re Viridia LLC

Ruling
Extension of time to file plan denied.
Issue(s)
Was debtor in possession entitled to an extension of time to propose a chapter 11 plan?

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Commercial opinion summary, case decided on May 20, 2016 , LexisNexis #0616-062

In re Webb

Ruling
Relief from stay granted to allow creditor to enforce settlement agreement in state court.
Issue(s)
Shoud creditor be granted relief from stay to enforce a settlement agreement in state court?

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Consumer opinion summary, case decided on May 04, 2016 , LexisNexis #0616-002

In re James F. Humphreys & Assocs. L.C.

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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Commercial opinion summary, case decided on March 03, 2016 , LexisNexis #0316-106