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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 Schultze, 18-bk-00363
Date: 03/27/2019

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. 
 

In re Emerald Grande, 17-bk-21
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

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

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.