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.
The Court held that the debtor improperly exempted only the amount the debtor projected remaining in a bank account due to checks delivered but not presented, but granted the debtor leave to amend the exemption.
The court approved a proposed settlement regarding accounts receivable owed to the Debtor after determining that the settlement was in the best interest of the creditors and that it fell well above the bottom range of outcomes that would be considered reasonable. However, the release provided to an insider of both parties for guaranteeing the payment was conditioned on the Debtor actually being paid in accordance with the settlement terms.
Fee application - Law firm is entitled to fee incurred defending its own insufficient disclosure when all creditors will be paid in full and prior fee reduction order was not challenged.
Motion for relief denied for failure to file certification in compliance with Court's standard pre-hearing order. Motion to avoid lien on vehicle denied for lack of legal foundation: exemption under Va. Code section 34-26(8) not properly claimed as creditor had perfected security interest; exemption under Va. Code section 34-4 not properly claimed as homestead deed not timely filed; and insufficient proof offered to show that vehicle was necessary for debtor's occupation to support exemption under Va. Code section 34-26(7).
Conditionally granted Debtor's motion to incur debt after increase in income, but gave Chapter 13 Trustee an opportunity to move to increase plan payments under 11 U.S.C. section 1329(a).
The Court individually reviewed, granted in part, and denied in part, nine objections to the debtor's proposed Disclosure Statement in advance of the hearing on the same.
The court granted the debtor-in-possession's motion to avoid the return of inventory to a distributor as preferential to the extent of the value of the diminution of the estate caused by the preferential transfer.
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.
Denied confirmation of Chapter 13 plan as not feasible, but granted debtor leave to amend the plan. Automatic stay to be lifted and case converted to Chapter 7 if debtor missed any future payments.
Under the totality of the circumstances and standard of living test, Debtor's obligation to former spouse that arose from divorce decree excepted from discharge by 11 U.S.C. section 523(a)(15).