- 11 U.S.C.
Toys "R" Us Prop. Co. I, LLC, In re
Mar
05
2019
Ruling
Landlord's objection to assumption and assignment of commercial lease overruled. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Adequate Assurance for Shopping Center Leases.
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Court
:
- 11 U.S.C.
Toys "R" Us, Inc., In re
May
31
2018
Ruling
Court overruled creditor's objection to the debtors' proposed assumption and assignment of the lease where the interest of the debtors in obtaining the full value of the lease outweighed any detriment to the creditor. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
- 11 U.S.C.
Toys "R" Us, Inc., In re
May
24
2018
Ruling
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Adequate Assurance for Shopping Center Leases.
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Court
:
- 11 U.S.C.
Basl, In re--Moreno v. Basl
Apr
18
2018
Ruling
Debt was dischargeable where judgment did not satisfy the malice element of § 523(a)(6) as there was no evidence that debtor acted deliberately and intentionally caused harm. (Bankr. E.D. 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
:
- 11 U.S.C.
Drake, In re--Allen v. Drake
Jan
05
2018
Ruling
Debtor was not collaterally estopped from relitigating issues decided by state court as the successful anti-SLAPP motion was not a determination that debtor's ations were willful and malicious. (Bankr. E.D. 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
:
- 11 U.S.C.
Conard, In re--Conard v. IRS
Dec
13
2017
Ruling
Debtor's tax liability was nondischargeable as he consciously chose to use his earnings to payfor discretionary items rather than to pay his taxes. (Bankr. E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Fraud or Evasion.
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Court
:
- 11 U.S.C.
Ward, In re--Liberty Mut. Ins. Co. v. Ward
Nov
29
2017
Ruling
Debts were nondischargeable as creditor established that debtor committed defalcation.(Bankr. E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Baker, In re
Nov
08
2017
Ruling
Plan could not be confirmed as debtor was claiming both marital adjustment and secured debt payment deductions when she had no secured debt obligation in connection with her spouse's mortgage debt. (Bankr. E.D. Va.)
Issue(s)
Confirmation of Plan.
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Matson v. Rescue Rangers, LLC (Rescue Rangers, LLC)
Sep
29
2017
Ruling
Causes of action for aiding and abetting fraudulent transfers and conspiracy to fraudulentlytransfer shall be dismissed if not supported by the allegation that the defendants received theproperty transferred or that they actually benefotted from the said transfer. (Bankr. E.D. Va.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
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Copley, In re--Copley v. United States
Sep
13
2017
Ruling
United States is bound by the abrogation of sovereign immunity and may not claim sovereignimmunity in the proceeding as debtors were not acting as trustees and were not seeking thetax refund for the benefit of the estate. (Bankr. E.D. Va)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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