Opinions

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

For a more detailed search, enter the keyword or case number in the search box above.

Our Opinions are also posted under United States Courts Opinions at the U.S. Government Printing Office ( GPO ).
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Honorable Patrick M. Flatley

In re Scotchel, 12-bk-09
Date: 08/28/2014

Based on the Supreme Court’s decision in Law v. Siegel, 134 S. Ct. 1188 (2014), the court cannot exercise its equitable powers to disallow the Debtor’s amended claim of exemptions.
 

Fair v. First Choice Am. Cmty. Fed. Credit Union, Adversary No. 13-56
Date: 07/22/2014

The court adopts the petition date as the valuation date when determining whether a secured creditor’s junior lien on the debtor’s residence is wholly unsecured under 11 U.S.C. § 506(a)(1) and subject to being “stripped off” in conjunction with the debtor’s proposed Chapter 13 plan.
 

Sheehan v. WestStar Mortgage, Inc. (In re Shaver), Adversary No. 13-02
Date: 06/26/2014

The court, following Fluharty v. Quicken Loans, Inc., Civil Action No. 5:13CV68, 2013 WL 5963060 (N.D.W. Va. Nov. 7, 2013), grants summary judgment to Bank of America because the statute of limitations on the Plaintiff’s cause of action for a violation of W. Va. Code § 31-17-8(j)(6) runs from the loan closing date and not the due date of the last payment under the loan.  In granting summary judgment, the court denies the Plaintiff’s request to certify the issue to the Supreme Court of Appeals of West Virginia.

In re Pyburn, Case No. 11-1137
Date: 05/21/2014

The court finds that a state court proceeding seeking the reformation of a deed of trust is an in rem proceeding that does not violate the automatic stay under 11 U.S.C. § 362(a) when the bankruptcy estate previously abandoned its interest in the subject property and both debtors surrendered their respective interests, whatever they may have been, in the property by virtue of their confirmed Chapter 13 plan.

13-1054 In re Fairmont General Hospital - Mem Op
Date: 05/19/2014

A collective bargaining agreement executed by the debtor hospital was done in the ordinary course of its business under 11 U.S.C. § 363(c)(1) and is valid without court approval

In re Collins, Case No. 13-545
Date: 04/29/2014

The court denies, based upon an absence of statutory or rule-based authority, the Chapter 7 trustee’s motion seeking the issuance, from the Clerk, of a second notice to creditors of the need to file proofs of claim. The court recognizes, however, that the administration of a Chapter 7 bankruptcy estate, specifically regarding the solicitation of proofs of claim, is largely left to the trustee’s reasonable business judgment.

Santacroce v. Funkhouser, Adversary No. 13-18
Date: 04/14/2014

The court denied the defendants’ motion for an extension of time to appeal under Fed. R. Bankr. P. 8002(c)(2) where the defendants failed to establish “excusable neglect” justifying such an extension.

In Re: Ricco, Case No. 10-23
Date: 04/01/2014

The party objecting to the sale did not specifically identify a legal or factual impediment to a hypothetical cramdown under § 1129; consequently, the Judge approved the sale under § 363(f)(5).

Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014

The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.

Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014

The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.

Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014

The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.

Fluharty v. Duet, Adversary No. 13-45
Date: 03/24/2014

The court denied the defendant's motion to dismiss the Trustee's complaint, based upon the West Virginia Fraudulent Transfers Act and sections 547 and 548 of the Bankruptcy cod, seeking the avoidance of certain transfers made from the Debtor to the defendant.