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Opinions

 

The summaries on this website are summaries of the opinions issued by the judges of the Bankruptcy Court for the Western District of Virginia from October 2004 to date. The opinions may be searched by year, judge, category and chapter. For a more detailed search, enter a keyword in the search box above. This opinion bank, however, is not an exhaustive list of opinions issued by the judges of the Western District. These summaries are not intended to replace other research methods, but may be used as a starting point for your research. These summaries do not contain information as to whether an opinion has been published, appealed or the disposition of any such appeal, or otherwise overruled or affected by subsequent case law or statute. These summaries have been prepared for the convenience of the researcher and in no way constitute an interpretation by the Court of the opinion summarized. Please rely on the opinion not the summary. Please contact Judge Connelly's chambers or Judge Black's chambers regarding any questions or errors.

Chelstrom v. Fabriko Acquisition Corp., Inc., et al. (In re Boss Mgmt. Group, Inc.) (Case No. 05-61589; A.P. No. 05-06041) 05/13/2005

A party may remove any claim or cause of action to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under 11 U.S.C. § 1334.  28 U.S.C. § 1452(a).  In this case, the Notice of Removal was filed in the wrong district, so the Court remanded this case.

Active Wear, Inc. v. VF Imagewear (East), Inc. (In re Active Wear, Inc.) (Case No. 04-01780; A.P. No. 04-00050) 04/13/2005

The court approved a settlement proposal regarding a preferential transfer after determining that it was in the best interest of the creditors, would avoid potentially significant litigation expenses, and fell well above the bottom range of outcomes that would be considered reasonable.

In re Tabor (Case No. 04-00727) 04/01/2005

The Chapter 7 Trustee filed a motion to dismiss the Debtor's case for substantial abuse under 11 U.S.C. § 707(b). The Court found that the Debtor wished to use bankruptcy to service indebtedness for which she is not legally obligated, pay transportation costs of the non-debtor spouse, and expense the start up of a business enterprise for the non-debtor spouse by discharging her own debt.  The Court, applying the factors enumerated by the Fourth Circuit in Green v. Staples (In re Green), 934 F.2d 568 (4th Cir. 1991), concluded that this constitutes bad faith, and therefore, it would be a substantial abuse to permit the Debtor to continue under Chapter 7.

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