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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.

White v. Accelerated Recovery Systems, Inc. (Case No. 08-61734; A.P. No. 08-06105) 04/12/2010

            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.

James v. Accelerated Recovery Systems, Inc. (In re James) (Case No. 08-60012; A.P. No. 08-06036) 04/09/2010

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.

Johnson v. Accelerated Recovery Systems, Inc. (In re Johnson) (Case No. 07-62312; A.P. No. 08-06038) 04/09/2010

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.

James v. Accelerated Recovery Systems, Inc. (Case No. 08-60012; A.P. No. 08-06035) 04/09/2010

            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.

Marshall v. Accelerated Recovery Systems, Inc. (Case No. 08-62209; A.P. No. 08-06121) 04/09/2010

            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.

James v. Accelerated Recovery Systems, Inc. (Case No. 08-60012; A.P. No. 08-06036) 04/09/2010

            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.

James v. Accelerated Recovery Systems, Inc. (In re James) (Case No. 08-60012; A.P. No. 08-06035) 04/09/2010

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. 

Johnson v. Accelerated Recovery Systems, Inc. (Case No. 07-62312; A.P. No. 08-06038) 04/09/2010

            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.

Barber & Ross Co. v. Wachovia Bank, N.A. (In re Barber & Ross Co.) (Case No. 07-50546; A.P. No. 09-05083) 04/05/2010

            In an adversary proceeding concerning a pre-bankruptcy commercial lending relationship between the debtor and Wachovia Bank National Association, Wachovia filed a motion to dismiss certain counts in the debtor’s amended complaint pursuant to Bankruptcy Rule 7012(b) for failure to state a claim upon which relief could be granted.  The counts considered were for breach of contract, tortious interference with a business expectancy, constructive fraud, breach of the duty of good faith and fair dealing, failure to act in a commercially reasonable manner, and punitive damages.  The Court granted in part and denied in part the motion to dismiss.

In re Jones (Case No. 09-63951) 03/26/2010

The debtor filed eight petitions in bankruptcy in the last fifteen years, failed to actively prosecute the last three cases, filed petitions under at least three different social security numbers, and admitted that she filed the petitions only to enjoy the protection of the automatic stay.  As a result, the Court referred this case to the United States District Court for the Western District of Virginia. The purpose of the referral was to consider whether contempt proceedings should be commenced against the debtor.

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