- 11 U.S.C.
Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC
Aug
14
2017
Ruling
Debtors were awarded actual damages for damages resulting from violations of the automaticstay. (Bankr. E.D. Va.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
ABI Membership is required to access the full summary of Charity, In re--Charity v. NC Fin. Sols. of Utah, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Koropey v. Penn. Virginia Corp. (Penn. Virginia Corp.)
Jul
21
2017
Ruling
Plaintiff could no longer seek revocation of debtor's plan as he was time-barred and failed to state a claim for fraud. (Bankr. E.D. Va.)
Issue(s)
Revocation of an Order of Confirmation.
ABI Membership is required to access the full summary of Koropey v. Penn. Virginia Corp. (Penn. Virginia Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
PCC Liquidating Trust v. W. Va. State Tax Dep't (In re Patriot Coal Corp.)
Nov
22
2016
Ruling
Proceeding seeking turnover of state tax refund dismissed as premature. (Bankr. E.D. Va.)
Issue(s)
Turnover of Property to the Estate.
ABI Membership is required to access the full summary of PCC Liquidating Trust v. W. Va. State Tax Dep't (In re Patriot Coal Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Black Diamond Commer. Fin., LLC v. Va. Conservation Legacy Fund, Inc. (In re Patriot Coal Corp.)
Sep
23
2016
Ruling
Abstention from hearing adversary proceeding between non-debtors denied where outcomewould have a material affect on administration. (Bankr. W.D. Va.)
Issue(s)
Should the bankruptcy court abstain from hearing, and remand, dispute between non-debtors?
ABI Membership is required to access the full summary of Black Diamond Commer. Fin., LLC v. Va. Conservation Legacy Fund, Inc. (In re Patriot Coal Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Foster
Aug
12
2016
Ruling
Objections to debtor’s exemption in deferred compensation plan overruled. (Bankr. E.D. Pa.)
Issue(s)
Should objection to debtor’s claimed exemption in partner equity deferred compensation plan be sustained?
ABI Membership is required to access the full summary of In re Foster Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Compass Chem. Int'l, LLC v. Failon (In re Failon)
Mar
29
2016
Ruling
State court judgment based on willful and malicious conduct was nondischargeable. (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.
ABI Membership is required to access the full summary of Compass Chem. Int'l, LLC v. Failon (In re Failon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Cole
Mar
24
2016
Ruling
Confirmation denied on objections of trustee and debtor's former spouse as creditors would not recover as much as in a hypothetical chapter 7 case.
Issue(s)
Should confirmation be denied because the plan fails to provide for payment in full of all domestic support obligations, was not filed in good faith, fails to satisfy the liquidation test required under § 1325(a)(4) and fails to include all of the debtor's projected disposable income for the applicable period, as required under § 1325(b)(1)(B)?
ABI Membership is required to access the full summary of In re Cole Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Copley
Mar
22
2016
Ruling
Government required to turn over debtor's tax refund.
Issue(s)
Whether a chapter 7 debtor may exempt and recover an overpayment of federal income taxes for the year prior to the filing of the bankruptcy case, despite the authority of the federal government, under the Treasury Offset Program, 26 U.S.C. § 6402, to set off the refund against the debtor's dischargeable prepetition income tax liability?
ABI Membership is required to access the full summary of In re Copley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Weinman v. Walker (In re Adam Aircraft Indus.)
Oct
15
2015
Ruling
Debtor could not recover transfers made to former president who was no longer an insider.
Issue(s)
Were corporate debtor's transfers to its previously terminated former president avoidable as made for less than reasonably equivalent value to an insider?
ABI Membership is required to access the full summary of Weinman v. Walker (In re Adam Aircraft Indus.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Brown
Jul
28
2015
Ruling
Debtor was ineligible to file second case within 180-days of voluntary dismissal of prior case following the filing of a motion for relief from stay.
Issue(s)
Could debtor obtain a waiver of the prohibition of filing a new bankruptcy case within 180 days of voluntary dismissal of a bankruptcy case following the filing of a request for relief from the automatic stay?
ABI Membership is required to access the full summary of In re Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: