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Opinions

The Northern District of West Virginia offers a database of opinions beginning in 2006, listed by year and judge.

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Honorable Patrick M. Flatley

Mooring Capital Fund, LLC v. Sullivan (In re 201 N. George St., LLC), Adv. No. 14-ap-16
Date: 04/20/2016

In an adversary proceeding revolving around a lien dispute, the court partially granted the defendants' motion to dismiss the first amended complaint where the plaintiff failed to state plausible causes of action against the movants for negligence and tortious interference with contract.
 

Zucker v. WesBanco Bank, Inc. 15-ap-24
Date: 02/25/2016

The court denied summary judgment requested by the Plaintiff regarding its attempt to avoid as a preference the recordation of a UCC-1 financing statement because the Defendant assigned its security interest in the Debtor's property to a third party such that it was not a creditor of the Debtor. However, the court  granted summary judgment to the Plaintiff on a second count under § 544 of the Bankruptcy Code relating to the same security interest because the Defendant did not possess an attached and perfected interest in the Debtor's property as of the bankruptcy petition date, thus resolving both counts.

D’Amico v. U.S. Dept. of Treasury, 15-ap-05
Date: 02/01/2016

The court granted summary judgment to the Debtor on his complaint, which alleged a willful stay violation under § 362(k) of the Bankruptcy Code against the U.S. Department of the Treasury and the United States Postal Service.

Fluharty v. Duet, 13-ap-45
Date: 01/29/2016

The court partially granted summary judgment to the Defendant, finding that transfers made to the Defendant by the Debtor's member were not transfers of the Debtor's property, and thus not avoidable under §§ 544, 547, or 548 of the Bankruptcy Code.