2009 Court Opinions

 

Title

  
Date
  • In re Smith, Case No. 09-691
    The court may consider a debtor's actual ability to pay debts in making an abuse determination under section 707(b)(3)(B) of the Bankruptcy Code inasmuch as a debtor's actual ability to pay debts (as opposed to the ability to pay calculation under the hard-edged means test) is an important factor in determining whether the totality of the circumstances of the debtor's financial situation demonstrates that the filing of the Chapter 7 case is abusive.
 
11/23/09
  
 
  • Teitz v. Va. Elec. Power Co. (In re Buffalo Coal Co., Inc.), Case No. 08-ap-00038
    The court denied summary judgment on the Trustee's complaint for breach of contract, finding that an issue of fact remained as to whether the defendant waived or is estopped from asserting defenses provided for in the contract. The court granted summary judgment on the Trustee's complaint for contractual indemnification because the liabilities for which the Trustee sought indemnification were consequential damages subject to the contract's limitation of liability provision.
  
09/30/09
  
 
  • Centra Bank v. Burton (In re Burton), Case No. 09-34
    Creditor stated a claim for defalcation against the debtor, an officer and director of an alleged insolvent corporation, for his alleged inappropriate use of corporate funds, based on rights transferred from the corporation to the creditor, and based on the fiduciary duties owed by the debtor to the creditor in his capacity as an officer and director of an alleged insolvent corporation.
 
09/17/09
  
 
  • Jones v. Jones (In re Jones), Case No. 09-18
    The court denied the Parties’ cross-motions for summary judgment on a complaint alleging that certain Family Court proceedings in state court violated the automatic stay pursuant to section 362(a)(1) of the Bankruptcy Code.
  
08/11/09
  
 
  • In re Gray, Case No. 06-927
    The court sustained the unsecured creditor's objection to the Debtor's Disclosure Statement and Chapter 11 Plan, because of unreasonable and/or unnecessary expenses claimed by the Debtor on Schedule J. Also, the court denied the unsecured creditor's request for dismissal, finding no bad faith in the Debtor's filing of her petition.
  
08/11/09
  
 
  • Harrold v. Raeder (In re Raeder), Case No. 08-47
    The court dismissed the Plaintiff's complaint, finding no grounds upon which to except from discharge the debt owed to the Plaintiff under sections 523(a)(2)(A), (4), and/or (6), and no grounds upon which to deny the Debtor a discharge under section 727(a)(4).
  
07/29/09
  
 
  • In re Poe, Case No. 08-906
    Debtors' horse boarding and training operation did not qualify them as family farmers eligible for Chapter 12 relief.
  
07/29/09
  
 
  • Cesnick v. Cannon (In re Cannon), Case No. 09-22
    The creditor's motion for summary judgment on its section 727(a)(4)(A) cause of action to deny discharge is granted. The debtor made false oaths on his schedules and statements regarding his receipt of income and business ownership interests.
  
07/24/09
  
 
  • In re Barrett, Case No. 09-353
    Debtor's motion to turnover collateral repossessed by the secured creditor pre-petition is granted. The secured creditor's motion for relief from the automatic stay is continued, and the debtor is ordered to make adequate protection payments to the secured creditor pending a confirmation hearing on the debtor's proposed Chapter 13 plan.
 
07/14/09
  
 
  • In re AB&C Group, Inc., Case No. 08-bk-482
    The court denied the trustee's proposed order, which set forth a procedure for the court to authorize payments from the corpus of the Debtor's 401(k) Plan to cover the costs of terminating the Plan. The court lacked subject matter jurisdiction to enter the order, because the Plan is not an asset of the bankruptcy estate and the proceedings to be conducted under the order would have no effect on the administration of the bankruptcy case.
  
07/02/09
  
 
  • In re 210 West Liberty Holdings, LLC., Case No. 08-677
    The filing of the LLC's bankruptcy case is an authorized act under its operating agreement. The Chapter 11 case is converted to Chapter 7 under section 1112(b) for gross mismanagement and failure to timely file operating reports.
 
05/29/09
  
 
 
05/19/09
  
 
 
04/17/09
  
 
  • Ngo v. Webb (In re Webb), Case No. 08-AP-65
    Cross motions for summary judgment asserted the issue preclusive effects of a default judgment taken from state court in the context of a section 523 adversary proceeding. Court applied California's issue preclusion doctrine and found that a default judgment did not expressly or necessarily decide the issue of fraud under section 523(a)(2)(A) or willful and malicious injury under section 523(a)(6).
  
03/31/09
  
 
  • In re LaRosa, Case no. 03-4115
    Creditor's motion to convert under section 1112(b) of the Bankruptcy Code is conditionally granted because the Debtors have not proposed a plan that is capable of meeting the confirmation requirement of section 1129(a)(10).
 
03/25/09
  
 
 
03/16/09
  
 
 
03/13/09
  
 
  • Siewick v. Clayborn (In re Siewick), Case No. 06-57
    Debtor's adversary proceeding seeking damages against a former employee for breach of an employment agreement with the debtor's company is denied. Pro se employee's claim against the Debtor for unpaid wages is denied.
  
02/09/09
  
 
 
02/04/09
  
 
  • In re Mitchell, Case No. 06-144
    The debtor did not wholly exempt her real property by declaration when she listed the property's value at $21,000, and claimed an exemption in the property in the amount of $21,000. The claimed exemption was proper considering that the West Virginia Code's statutory bankruptcy homestead exemption is $25,000, and there were an absence of "red flags" to communicate to the debtor's Chapter 7 trustee that the debtor intended to exempt her real property regardless of its actual value.
  
01/28/09
  
 
 
01/12/09