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

In re Dunaway, Case No. 14-bk-88
Date: 03/16/2015

The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon res judicata and laches.

In re Davis, Case No. 13-bk-1096
Date: 03/16/2015

The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon estoppel and laches but schedules further proceedings to determine whether res judicata bars the Debtor's amendment.

In re Warner, Case No. 10-888
Date: 03/13/2015

The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon res judicata, judicial estoppel, and laches.

In re Shafer Bros. Constr. Inc., Case No. 14-17
Date: 01/13/2015

The court grants debtor's counsel reasonable compensation under 11 U.S.C. § 330(a)(3).  Additionally, and by virtue of West Virginia law, counsel's claim to the $20,000 security retainer paid to him prepetition is superior to that of the secured lender who holds an unperfected security interest in the retainer.

In re Weidlich, Case No. 12-1072
Date: 01/12/2015

A sale was authorized after issuance of improper notice.  Although the complaining party's right to receive notice under Bankruptcy Rule 2002(a), in the form required by Rule 2002(c)(1), was violated, she had no cognizable property interest in the items being sold at auction and no constitutional violation of due process existed such that relief from judgment could be afforded under Fed. R. Civ. P. 60(b)(4).