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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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Honorable David L. Bissett

In re Patrick Dewire Hottinger, Bankruptcy Case No. 2:21-bk-00669 (Judge Bissett)
Date: 05/03/2023

In the context of a professional’s application for compensation, the court addressed the appropriate billable rate for travel time. The court concludes that time traveling, and not performing legal services while traveling, is compensable at one-half a professional’s normal hourly rate. 

Paugh v. Graham (In re Paugh), Adversary No.: 1:22-ap-00006 (Judge Bissett)
Date: 04/19/2023

Consistent with the court’s previous determination that the Defendant willfully violated the stay, damages were assessed under 11 U.S.C. Sec. 362(k)(1). The court awarded the amount of the garnished wages and related attorney fees. Ultimately, the court imposes damages upon the Defendant in the amount of $13,025.72.

Paugh, Jr. v. Graham (In re Paugh, Jr.), Adv. Proc. No. 22-ap-0006 (Bankr. N.D.W. Va. Feb 6, 2023)
Date: 02/06/2023

The court grants, in part, the Plaintiff’s motion for summary judgment on his complaint for willful violation of the stay under 11 U.S.C. § 362(k). In that regard, there is no material dispute as to the Defendant’s liability based upon her actions regarding her garnishment of the Chapter 7 Plaintiff-Debtor’s post-petition wages. The court set a subsequent hearing to determine damages.

Graham v. Paugh, Jr. (In re Paugh, Jr.), Adv. Proc. No. 22-ap-00008 (Bankr. N.D.W.Va. Feb, 6, 2023)
Date: 02/06/2023

The court determines that the Plaintiff’s state court judgment against the Defendant is non-dischargeable: the Plaintiff meets her burden of proof under 11 U.S.C. § 523(a)(2)(A). The Defendant misrepresented himself as a licensed Contractor.

Honorable Becker McKay Wyckoff Mignault

In re ThreeSquare, LLC, Case No. 3:19-bk-00975 (Judge Mignault)
Date: 03/28/2023

In overruling the objection of the United States Trustee and denying its motion to convert, the court found the Debtor’s proposed Chapter 11 plan of reorganization to be feasible based upon the financial projections and the commitment of the Debtor’s principals.  Additionally, the court was unpersuaded by the United States Trustee’s assertion that the exculpation clause in the Debtor’s plan violated the Fourth Circuit’s instruction in Berhmann v. Nat’l Heritage Found., 663 F.3d 704 (4th Cir. 2011).