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In re Hilling Lumber Co., et al., Case No. 05-1773
In a dispute between creditors over auction proceeds, the court declared that a leased commercial building was personal property. The court also determined the allocation of auction proceeds to individual items of equipment that were sold pursuant to a bulk sale, and the court denied one creditor's request for contribution from the other based on the absence of evidence supporting the alleged contribution contract.
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11/16/06 |
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11/15/06 |
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In re Nice, Case No. 05-5500
Chapter 13 debtor's motion to value automobile is granted. The presumptive replacement value is the average between the N.A.D.A. trade-in and retail value, which is to be determined as of the effective date of the debtor's Chapter 13 plan.
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10/30/06 |
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In re LaRosa, Case No. 03-4115
The Debtor's motion to stay the Chapter 11 proceeding, and associated adversary proceedings, pending the outcome of a separate dispute in arbitration is denied.
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10/30/06 |
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In re Lee, Case No. 06-155
The Debor's motion to reopen the bankruptcy case to "amend" a defective and unenforceable reaffirmation agreement is denied.
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10/30/06 |
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10/03/06 |
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In re Brown, Case No. 02-53538
Motion for stay pending appeal is denied based on the four-part test set forth by the Fourth Circuit in Long v. Robinson, 432 F.2d 977, 979 (4th Cir. 1970).
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09/29/06 |
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09/28/06 |
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09/28/06 |
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Thornton v. U.S. Department of Education (In re Thornton), Case No. 05-218
Debtor's student loans were excepted from discharge because the Debtor failed to satisfy the second and third prongs of the Brunner test. The Debtor's recent purchase of two new vehicles and failure to make any payments on his student loans were indicative of a lack of good faith. Furthermore, the Debtor's promising future as a counselor indicate an improvement in his current circumstances.
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09/28/06 |
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Brown v. Fairmont State University (In re Brown), Case No. 06-24
Motion to reconsider denial of motion for default judgment was denied because the Plaintiff had failed to properly serve the U.S. Department of Education as required by Bankruptcy Rule 7004(b)(5), in that the Plaintiff did not serve the U.S. Attorney for the Northern District of West Virginia nor the Attorney General.
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09/18/06 |
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09/18/06 |
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In re Lackey, Case No. 06-679
Debtor's motion to reconsider the dismissal of his Chapter 13 bankruptcy is denied on the basis that he cannot be a debtor under Title 11 because he failed to obtain a pre-petition credit counseling briefing as outlined in 11 U.S.C. §109(h)(1)
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09/14/06 |
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In re Brown, Case No. 02-53538
The Chapter 7 trustee is allowed to transfer the bankrutpcy
estate's interest in a personal injury tort claim back to the debtors
themselves, in return for a payment of money sufficient to pay all allowed
claims in full, without violating any West Virginia prohibition on champerty.
Creditor's motion for a Rule 2004 examination regarding the source and terms
of the debtors post- petition loan with a private businessman, the proceeds of
which are to be used to pay the trustee, is denied because the creditor is not a
party to the loan transaction and no showing was made that the proposed loan
violated West Virginia's public policy.
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09/01/06 |
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- In re Tropea, Case No. 04-1877
An unsuccessful stalking horse bidder is allowed to submit an administrative expense claim under section 503(b)(1) of the Bankrutpcy Code in the absence of a liquidated break-up fee when the stalkling horse bidder's actions preserved and increased the value of the bankruptcy estate.
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08/17/06 |
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08/11/06 |
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08/08/06 |
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- In re Hall, Case No. 05-6746
Standards for obtaining an exemption from the instructional course concerning personal financial management pursuant to sections 727(a)(11) and 109(h)(4).
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08/04/06 |
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- In re Stout, Case No. 06-64
Trustee was unsuccessful in his objection to discharge on the basis that the Debtors made false oaths on their petition and claimed excessive objections.
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07/27/06 |
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- In re Delbrugge, Case No.05-6411
A liquidation / foreclosure analysis is appropriate in valuing property under the best interests of the creditors test of section 1325(a)(4); the replacement value method used by the Supreme Court in Rash is inapplicable. The court denied the creditor's request to impose a goodfaith exception to the formulaic best interests of the creditors test; however, the creditor may present a good faith objection to confirmation of the Debtors' proposed plan pursuant to section 1325(a)(3) at the continued confirmation hearing.
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07/24/06 |
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- In re Rare Earth, Case No. 02-12671
Trustee met his burden of proof establishing the appropriate amounts to be distributed both for cure of a lease and for post-petition payment of royalties.
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07/16/06 |
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- In re Brumm, Case No. 03-4184
The debtor's motion to refinance real property to payoff a confirmed Chapter 13 plan was not a modification of that plan pursuant to section 1329.
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07/10/06 |
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- In re Weir-Penn Inc, Case No. 06-56
Creditor established its lien rights in personal property in the absence of a separate, written security agreement. The parties' loan agreement and financing statement were sufficient to meet the requirments of 9-203(b).
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06/28/06 |
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- In re Hartley, Case No. 05-2137
Debtor's motion to reopen for the purposes of filing a declaratory judgment action under sections 523(a)(3) and 727(b), and to amend Schedules F and B, is granted.
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06/27/06 |
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06/23/06 |
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- In re Norman, Case No. 06-382
Motion to extend the stay pursuant to section362(c)(3) of the Bankruptcy Code is denied as untimely when the motion was filed 28 days after the petition date and when the hearing on the motion had to be completed by the 30th day after the petition date.
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06/13/06 |
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- In re Charles Edwards Enterprises, Inc., Case No. 05-6024
Motions for relief from the automatic stay to pursue State court litigation are denied because the creditors filed proofs of claim, corporations are not entitled to a discharge in Chapter 7, and alter ego claim are property of the estate that cannot be pursued in the absence of the Trustee.
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06/13/06 |
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- In re Carr, Case No. 06-386
Factors that the court will consider in determining whether to extend the automatic stay pursuant to section 362(c)(3)(B).
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06/09/06 |
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- In re Merritt, Case No. 01-33108
A plan modification to sell real property entails the application of the best interest of the creditor's test of section 1325(a)(4); thus, the plan could not be modified unless the non-exempt proceeds of the sale were available to satisfy the claims of creditors.
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06/08/06 |
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- In re Boring, Case No. 05-6768
Automatic stay terminated thirty days from the petition date pursuant to sections 362(h) and 521(a)(2), due to Debtor's filing of an inadequate statement of intention.
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05/31/06 |
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05/31/06 |
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- In re Latovljevic, Case No. 06-210
Case dismissed with a 180-day bar to refiling under sections 109(h), 521(i), and 1307(c) for failure to obtain credit counseling, and for failing to file papers necessary to prosecute the case.
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05/09/06 |
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05/02/06 |
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- In Sorrell, Case No. 05-6005
Order to show cause as to why civil contempt sanctions should not be entered due to counsel's failure to disgorge fees.
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04/26/06 |
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- In re Franklin, Case No. 04-1959
Credit Union's dragnet security agreement in two loans secured by the Debtors' vehicles also secures a third extension of credit issued to the Debtors.
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04/12/06 |
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- In re Shipman, Case No. 00-32010
Post-petition appreciation of real property is property of the estate; to purchase property from the estate, a debtor must pay the Trustee based on the property's appreciated value.
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04/05/06 |
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