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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 ).
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Patrick M. Flatley

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.
 

In re Tara Retail Group, LLC 18-ap-16
Date: 12/10/2018

An unsecured creditor had constitutional and prudential standing to pursue claims for recharacterization and equitable subordination; however, the court directed the unsecured creditor to file a motion in the main bankruptcy case seeking authority from the court on notice to the chapter 11 debtor in possession regarding the unsecured creditor's authority to proceed on those causes of action under the Bankruptcy Code and Rules. 

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).

Houck v. Thomas (In re Thomas), 17-ap-03
Date: 08/14/2017

The court grants summary judgment to the Plaintiff on his complaint against the Debtor under § 523(a)(6) of the Bankruptcy Code.  In determining that the Plaintiff's civil judgment against the Debtor should be excepted from the Debtor’s Chapter 7 discharge, the court finds that the state court’s findings are entitled to preclusive effect under the doctrine of issue preclusion.

Davis v. Long Reach Federal Credit Union (In re Davis), 16-ap-30
Date: 08/01/2017

In granting the Defendant summary judgment on the Plaintiff's complaint under section 525(b) of the Bankruptcy Code, the court found there to be no genuine dispute that the Defendant's termination of the Plaintiff's employment was not "solely because" of the Plaintiff's bankruptcy.

McDade v. Direct Subsidized Consolidation Loan, et. al. (In re McDade), 15-ap-27
Date: 07/27/2017

The court granted the Department of Education's motion for summary judgment on the basis that the Debtor failed to satisfy her burden that she would be subjected to an undue hardship should the court deny her a discharge of her student loan obligations.  Specifically, the court found that the Debtor failed to demonstrate that she is unable to maintain a minimal standard of living while repaying her student loan debts. 

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