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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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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

Morris v. Mortg. Sols. of Colorado, LLC (In re White), 17-ap-16
Date: 03/14/2018

In granting the Chapter 13 trustee's motion under Fed. R. Civ. P. 12(c), the court finds that the uncontested material facts entitle the trustee to relief on her complaint under § 544(a)(3) of the Bankruptcy Code.

Sheehan v. Peoples Bank, N.A. (In re The Feed Store, LLC), 17-ap-8
Date: 03/13/2018

In approving Peoples Bank's motion for summary judgment, the court finds that Peoples Bank provided the Trustee with constitutionally-sufficient notice, despite its financing statement being mis-indexed by the Secretary of State.
 

In re Jones, 13-bk-260
Date: 02/05/2018

In granting the Debtors’ proposed modification of their confirmed Chapter 13 plan, the court finds that nothing in § 1325(b)(4) of the Bankruptcy Code or Pliler v. Stearns (In re Pliler), 747 F.3d 260 (4th Cir. 2014) requires Chapter 13 debtors to pay more than the confirmed base of their plan absent additional disposable income or nonexempt assets justifying modification.

In re Douay, 17-bk-750
Date: 01/19/2018

In granting the Debtor’s motion to value an automobile under § 506(a) of the Bankruptcy Code, the court finds that valuation is not precluded by the “hanging paragraph” of § 1325(a) because the Debtor did not acquire the vehicle for his personal use.

In re Tara Retail Group, Inc., 17-bk-57
Date: 01/18/2018

In approving the Debtor's stipulation with Dollar Tree resolving its objection to Dollar Tree's proof of claim, the court finds that Dollar Tree’s voting rights need not be identical to its distribution rights under a Chapter 11 plan, and that the stipulation does not constitute an impermissible solicitation under § 1125(b).