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.
Debtor's case converted from Chapter 11 to Chapter 7 on Court's order requiring debtor to show cause why case should not be dismissed or converted to Chapter 7 under section 1112(b) as a result of his failure to pay the conversion fee from Chapter 13 to Chapter 11 and the creditor's motion to dismiss or convert the case to Chapter 7. Court held that the best interests of creditors would be served by converting the case.
The Court awarded judgment in favor of the defendant regarding a complaint seeking damages under the Fair Debt Collection Practices Act. The plaintiff appealed and the District Court remanded the matter instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney's fees and to consider an award of actual damages. On remand, the Court found that the debtor did not present any evidence in support of an award of actual damages. Therefore, no actual damages awarded. As only one violation of the Act was committed, the Court awarded statutory damages in the amount of $300.00. The Court also awarded $122.50 in attorney's fees as reasonable.
The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant. The plaintiff appealed. The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.
The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded. The Court entered $300 in statutory damages and $122.50 in attorney’s fees.
The Court awarded judgment in favor of the defendant regarding a complaint seeking damages under the Fair Debt Collection Practices Act. The plaintiff appealed and the District Court remanded the matter instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney's fees and to consider an award of actual damages. On remand, the Court found that the debtor did not present any evidence in support of an award of actual damages. Therefore, no actual damages awarded. As only one violation of the Act was committed, the Court awarded statutory damages in the amount of $300.00. The Court also awarded $735.00 in attorney's fees as reasonable.
The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant. The plaintiff appealed. The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.
The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded. The Court entered $300 in statutory damages and $950 in attorney’s fees.
The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant. The plaintiff appealed. The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.
The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded. The Court entered $500 in statutory damages and $235 in attorney’s fees.
The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant. The plaintiff appealed. The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.
The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded. The Court entered $300 in statutory damages and $355 in attorney’s fees.
The Court awarded judgment in favor of the defendant regarding a complaint seeking damages under the Fair Debt Collection Practices Act. The plaintiff appealed and the District Court remanded the matter instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney's fees and to consider an award of actual damages. On remand, the Court found that the debtor did not present any evidence in support of an award of actual damages. Therefore, no actual damages awarded. As only one violation of the Act was committed, the Court awarded statutory damages in the amount of $300.00. The Court also awarded $950.00 in attorney's fees as reasonable.
The Court issued the original judgment on a complaint seeking damages under the Fair Debt Collection Practices Act finding in favor of the defendant. The plaintiff appealed. The district court remanded instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney’s fees, and to consider an award of actual damages.
The Court declined to award actual damages because at hearing the plaintiff did not present any evidence in support of an award of actual damages, nor did the plaintiff argue a basis on which actual damages might be awarded. The Court entered $300 in statutory damages and $735 in attorney’s fees.
The Court awarded judgment in favor of the defendant regarding a complaint seeking damages under the Fair Debt Collection Practices Act. The plaintiff appealed and the District Court remanded the matter instructing the Court to award statutory damages up to $1,000, to award costs and reasonable attorney's fees and to consider an award of actual damages. On remand, the Court found that the debtor did not present any evidence in support of an award of actual damages. Therefore, no actual damages awarded. As only one violation of the Act was committed, the Court awarded statutory damages in the amount of $300.00. The Court also awarded $355.00 in attorney's fees as reasonable.