You are here

Opinions

The Northern District of West Virginia offers a database of opinions beginning in 2006, listed by year and judge.

For a more detailed search, enter the keyword or case number in the search box above.

Our Opinions are also posted under United States Courts Opinions at the U.S. Government Printing Office ( GPO ).
Click here to view.

 

 

Honorable David L. Bissett

Springer v. Young, Adv. No. 26-ap-10 (Bankr. N.D.W.Va. May 27, 2026)
Date: 05/27/2026

The Court denied the Defendant's Motion to Dismiss because the complaint plausibly alleged that a debt arising from a divorce decree is a non-dischargeable domestic support obligation under 11 U.S.C. § 523(a)(5) and alternatively exempt from discharge under 11 U.S.C. § 523(a)(15).  The Court also denied the Plaintiff's Motion for Judgment on the Pleadings, ruling that a state divorce court's label alone does not automatically make the debt non-dischargeable, and the bankruptcy court must independently determine dischargeability under federal bankruptcy law. 

Higgins et al. v. Lane et al., Adv. No. 23-ap-4 (Bankr. N.D.W.Va April 24, 2026)
Date: 04/24/2026

The Court denied Plaintiffs' Motion for Partial Summary Judgment and granted Defendant's Motion for Partial Summary Judgment, holding that the deed in lieu of foreclosure executed between the parties was valid and enforceable. The Court determined the deed in lieu of foreclosure was supported by adequate consideration, free from undue advantage, and the transaction was fair overall.

Beaumier v. Raley (In re Beaumier), Adv. No. 25-ap-18(Bankr. N.D.W. Va April 20, 20226)
Date: 04/20/2026

The Court denied the Plaintiffs’ Motion for Summary Judgment on claims of automatic stay and discharge violations and granted summary judgment in favor of the Defendant, holding that the Defendant’s prepetition filing of an application for a charging order, without entry of an actual charging order or any postpetition collection activity, did not create a legal restraint on the Plaintiffs’ property or impose an affirmative duty on the Defendant to withdraw the application following the bankruptcy filing.