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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.

In re Hawkins (Case No. 06-60935) 12/4/2006

Debtors filed a motion to redeem a vehicle.  Creditor argued that the replacement value is $8,400.  Debtors submitted a "Vehicle Condition Report," which values the vehicle at $6,300.  The Court held that the "Vehicle Condition Report" submitted by the debtors does not represent the "price a retail merchant would charge for" the vehicle, and therefore does not represent an accurate "replacement value."  The Court valued the vehicle at $8,325, the amount on N.A.D.A., adjusted for mileage and condition.

In re Hawkins (Case No. 06-60935) 12/4/2006

The only remedy provided to creditors under 11 U.S.C. § 521(a)(6) when a debtor fails to redeem the collateral or reaffirm the debt within 45 days of the date first set for the meeting of creditors is that the stay is terminated.  The amount to be used when determining the "replacement value" is the amount of money a lender is willing to lend to the debtors if given a security interest in the collateral, not the amount of money it would cost the debtors to replace the collateral.  The N.A.D.A. value, adjusted for mileage and condition, represents the amount that a merchant would charge for the vehicle.

In re Kershner (Case No. 04-00749) 11/29/2006

The Chapter 13 Trustee objected to a proof of claim as untimely filed because the creditor filed a proof of claim nearly five months after the deadline had passed.  The Court found that although the creditor was not included in the creditor mailing matrix, the creditor had actual knowledge of the Debtors' bankruptcy approximately a month before the claims filing period expired.  Therefore, the Court sustained the Trustee's objection, and disallowed the claim in its entirety.

Callahan, Jr., Trustee v. Mountain Empire Oil Co., Inc. (In re Lambert Oil Co., Inc.) (Case No. 03-01183; A.P. No. 04-07135) 11/24/2006

The Court held that only the right to receive future accruing rents passed to the grantees of real estate deeds and, because the grantees undertook to pay daily rent until consummating the purchase, the Trustee could recover unpaid rents for the entire pre-transaction period as well as prejudgment interest and and taxable costs incurred.   

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