The Court denied a motion to stay pending appeal regarding the Court’s Order on Summary Judgment and Order on Confirmation. The Court denied the stay, among other reasons, because the Appellants failed to show that they were likely to succeed on the merits of the appeal.
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Honorable Paul M. Black
Comm 2013 CCRE Crossings Mall Road, LLC v. Tara Retail Group, LLC (In re Tara Retail Group, LLC), Adv. Proc. No. 21-ap-1 (Bankr. N.D.W. Va. Jan. 6, 2022) (Judge Black)
Date: 01/06/2022
Date: 01/06/2022
On summary judgment, the Court addressed a dispute over the meaning of certain language in the debtor’s confirmed Chapter 11 plan, and addressed other related issues.
Honorable Becker McKay Wyckoff Mignault
The Truth Tellers, LLC v. Levine (In re Levine), Adv. Proc. No. 20-ap-36 (Bankr. N.D. W. Va. March 31, 2022)
Date: 03/31/2022
Date: 03/31/2022
The Court denied an exception to discharge complaint under 11 U.S.C. § 523(a)(4) that alleged defalcation or fraud with acting in a fiduciary capacity or, in the alternative, embezzlement.
Sheehan v. Levine (In re Geostellar, Inc.), Adv. Proc no. 19-ap-24 (Bankr. N.D.W. Va. March 21, 2022).pdf
Date: 03/21/2022
Date: 03/21/2022
The trustee alleged that the defendant, a member of the debtor’s board of directors, created a direct competitor to the debtor and took other actions for his personal gain to the detriment of the debtor. The defendant asserted that an arbitration clause in his employment contract should be enforced to adjudicate the trustee’s claims. The Court, however, found that the causes of action for breach of fiduciary duty, negligence, constructive fraud and/or negligent misrepresentation of facts, and a violation of the Uniform Trade Secrets Act, were not subject to the employment agreement’s arbitration clause. Additionally, the Court determined that the trustee’s causes of action survived challenges based on the “gist of the action” and the “economic loss” doctrine.
Honorable David L. Bissett
A.M. v. Randlett (In re Randlett), Adv. Proc. No. 21-ap-25 (Bankr. N.D.W. Va. Feb. 25, 2022)
Date: 02/25/2022
Date: 02/25/2022
The Court denied entry of summary judgment in a 11 U.S.C. § 523(a)(6) exception to discharge case that was filed after entry of a state court civil default judgment awarding damages against the debtor for sexual crimes that were committed by non-debtors who were present at the debtor’s home.