Skip to main content

Page Banner(Taxonomy)

judge black

Brown, In re--Copeland v. Brown

Ruling
Defamation judgment held nondischargeable as court found debtors’ malicious accusations caused personal injury. (Bankr. W.D. Va.)
Issue(s)
Discharge; Full-Compliance Discharge; Restitution or Damages For Willful or Malicious Injury or Death.

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

Consumer opinion summary, case decided on July 31, 2025 , LexisNexis #1025-047

Beavers, In re

Ruling
City's attempt to collect a pre-petition debt by offsetting debtors' state tax refund was found to have violated the discharge injunction. (Bankr. W.D. Va.)
Issue(s)
Effect of Discharge.

ABI Membership is required to access the full summary of Beavers, In re 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 06, 2024 , LexisNexis #0125-056

Arnold, In re

Ruling
Sanctions denied against creditor for collection calls regarding car debt as the stay terminated when debtor failed to redeem or reaffirm debt within 30 days. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions.

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

Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-004

Smith, In re

Ruling
Creditor's auction sale of real property to pay for delinquent property taxes and fees violatedthe automatic stay as the debtor filed her bankruptcy petition before the auction sale began.(Bankr. W.D. Va.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Smith, In re 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 18, 2024 , LexisNexis #0324-056

Harlow, In re--Harlow v. Wells Fargo & Co.

Ruling
Chapter 13 debtors stated a valid claim against mortgagees for filing false forbearance noticesin order to benefit from CARES Act incentives. (Bankr. W.D. Va.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal

ABI Membership is required to access the full summary of Harlow, In re--Harlow v. Wells Fargo & Co. 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 12, 2022 , LexisNexis #0223-073

Johnson, In re

Ruling
Debtor's tax debts were unquestionably nondischargeable under the one-day-late rule or anyother interpretation of 11 U.S.C. 523(a)'s first sentence. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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

Consumer opinion summary, case decided on May 02, 2022 , LexisNexis #0722-009

Ascue, In re

Ruling
United States' collection efforts did not violate the discharge injunction as debt wasdeclared nondischargeable in a prior proceeding and res judicata precluded re-litigation ofall claims. (Bankr. W.D. Va.)
Issue(s)
Effect of Discharge.

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

Consumer opinion summary, case decided on August 17, 2021 , LexisNexis #1021-009

Taylor, In re

Ruling
Purchaser of Chapter 7 debtors' residence which had been foreclosed upon by the lenderfollowing an order lifting the automatic stay did not violate the discharge injunction. (Bankr.W.D. Va.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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

Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-016

Wetter, In re

Ruling
Debtor's motion to convert case from Chapter 7 to Chapter 11 in order to elect Subchapter Vstatus denied given debtor's conduct. (Bankr. W.D. Va.)
Issue(s)
Filing of the plan; Deadline.

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

Consumer opinion summary, case decided on October 14, 2020 , LexisNexis #1120-97

Johnson, In re

Ruling
Creditor carried his burden of proof on management fee portion of claim but not on unpaidrent portion, which was disallowed. (Bankr. W.D. Va.)
Issue(s)
Allowance of Claims or Interests.

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

Consumer opinion summary, case decided on July 27, 2020 , LexisNexis #0920-034