In overruling the Chapter 7 trustee's objection to exemptions, the court found that language in a deed reserving a life estate to the co-debtor husband of the grantor-debtor, manifested a clear intention to convey an interest in the property such that the conveyance was effective under West Virginia law and the Debtor had an exemptible interest.
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Honorable Patrick M. Flatley
In re Schultze, 18-bk-00363
Date: 03/27/2019
Date: 03/27/2019
In re Emerald Grande, 17-bk-21
Date: 03/27/2019
Date: 03/27/2019
In disallowing a portion of secured creditor’s proof of claim for attorney fees, the court finds such fees to be disallowable under § 502(b)(1) as not collectible against the Debtor based upon the relevant loan documents.
Johns v. Western Surety Co. (In re Rock Branch Mechanical, Inc.), 17-ap-3015
Date: 03/13/2019
Date: 03/13/2019
The Chapter 7 trustee is entitled to summary judgment to the extent he seeks to avoid the creditor’s recordation of a financing statement encumbering property of the estate. Nonetheless, the court sets further proceedings regarding the creditor’s motion for summary judgment alleging that it obtained a property interest in the subject property outside the 90-day look-back period in § 547 of the Bankruptcy Code.
In re Orellana, 18-bk-1001
Date: 03/08/2019
Date: 03/08/2019
The court found that when the Debtors had not filed a tax return for the tax year ending immediately before the commencement of their case, § 521(e)(2)(A)(i) requires them to provide to the Trustee a copy or transcript of their most recently filed tax return.