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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

In re Masser, Case No. 09-bk-2916
Date: 11/20/2018

In granting the Debtor's motion to avoid judicial lien, the court relied upon undisputed facts and was unpersuaded by the creditor's reliance upon the doctrine of laches to oppose relief.

In re Polce, 18-ap-28
Date: 11/05/2018

In denying the Debtor's motion to dismiss for failure to state a a claim upon which the court can grant relief the court found that the Creditor had adequately plead with particularity the elements necessary to support a claim of fraudulent misrepresentation. 
 

In re Protea Biosciences, Inc. 17-bk-1200
Date: 10/30/2018

A request for recharacterization, by itself, may be adjudicated as a contested matter in a claim's objection proceeding and does not require the filing of an adversary proceeding.
 

In re Tara Retail Gourp, LLC, 17-bk-57
Date: 09/19/2018

In sustaining, in part, the Debtor’s objection to the proof of claim filed by its principal secured creditor, the court found that the Loan Agreement governing the parties’ relationship did not entitle the creditor to a prepayment premium after it accelerated the maturity of the promissory note.

In re Dotson, 17-bk-877
Date: 08/23/2018

In granting the UST's motion to dismiss for abuse based upon the totality of the circumstances, the court finds that the Debtors have a significant ability to repay their creditors and that the Green factors weigh favor of a finding of abuse under § 707(b)(3) of the Bankruptcy Code.

Boggs v. West (In re West), 17-ap-31
Date: 08/01/2018

In granting the Plaintiff’s motion for summary judgment on his complaint under § 523(a)(6), the court finds that the Plaintiff’s state court judgment against the Debtor precludes relitigating “willful and malicious injury” in this proceeding.

In re Tara Retail Group, Inc., 17-bk-57
Date: 06/15/2018

The court denied the Debtor’s motion under § 506(c) to surcharge its principal secured creditor for attorney fees and expenses incurred from the petition date through October 31, 2017.  In doing so, the court found that the Debtor did not incur the attorney fees primarily to protect or preserve the creditor’s collateral and provided no direct and quantifiable benefit to the creditor.

In re Emerald Grande, LLC, 17-bk-21
Date: 06/04/2018

In dismissing First Bank of Charleston, Inc., and Carter Bank and Trust's motion to convert the Debtor's case under § 1112(b) of the Bankruptcy Code, the court finds that the Creditors failed to establish cause for conversion based on the estate's alleged continued diminution and absence of a reasonable likelihood of rehabilitation, the Debtor's alleged administrative insolvency, or the Debtor's alleged gross mismanagement of the estate.

In re Combs, 18-bk-396
Date: 05/11/2018

In dismissing the Debtors’ case based upon § 109(g)(2) of the Bankruptcy Code, the court adopts the “causal connection” approach for determining debtor eligibility thereunder.

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).