The court denies summary judgment to the Plaintiff where a genuine dispute of material fact exists regarding its cause of action to enforce a deed of trust, the assignment of which was lost. The court also denies summary judgment to the Defendant Chapter 7 trustee on his claim that he is entitled to avoid the lien as a bona fide purchaser under § 544 of the Bankruptcy Code.
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Patrick M. Flatley
Nationstar Mortgage, LLC v. Siler (In re Siler), 13-ap-46
Date: 09/18/2015
Date: 09/18/2015
UST v. Rahmi, 14-ap-41
Date: 08/24/2015
Date: 08/24/2015
The court grants summary judgment to the United States Trustee on Count III of her complaint seeking to deny the debtor a discharge under 11 U.S.C. § 727(a)(2)(B).
In re Pearson, 08-bk-1970
Date: 05/26/2015
Date: 05/26/2015
The court denies the debtors' motion to convert their case to one under Chapter 13 because the debtors are ineligible for Chapter 13 under 11 U.S.C. § 109(e) based upon their previous Chapter 7 discharge in this case.
Meraldi v. Couch (In re Couch), 14-ap-12
Date: 04/09/2015
Date: 04/09/2015
The court grants summary judgment to the Defendant-Debtor because the undisputed material facts alleged by the Plaintiff in her complaint do not entitle her to relief on her cause of action under §§ 523 and 727(a)(4)(A).
In re Davis, Case No. 13-bk-1096
Date: 03/16/2015
Date: 03/16/2015
The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon estoppel and laches but schedules further proceedings to determine whether res judicata bars the Debtor's amendment.
In re Dunaway, Case No. 14-bk-88
Date: 03/16/2015
Date: 03/16/2015
The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon res judicata and laches.
In re Warner, Case No. 10-888
Date: 03/13/2015
Date: 03/13/2015
The court overrules the Chapter 7 trustee’s objection to the Debtor’s amended exemptions based upon res judicata, judicial estoppel, and laches.
In re Shafer Bros. Constr. Inc., Case No. 14-17
Date: 01/13/2015
Date: 01/13/2015
The court grants debtor's counsel reasonable compensation under 11 U.S.C. § 330(a)(3). Additionally, and by virtue of West Virginia law, counsel's claim to the $20,000 security retainer paid to him prepetition is superior to that of the secured lender who holds an unperfected security interest in the retainer.
In re Weidlich, Case No. 12-1072
Date: 01/12/2015
Date: 01/12/2015
A sale was authorized after issuance of improper notice. Although the complaining party's right to receive notice under Bankruptcy Rule 2002(a), in the form required by Rule 2002(c)(1), was violated, she had no cognizable property interest in the items being sold at auction and no constitutional violation of due process existed such that relief from judgment could be afforded under Fed. R. Civ. P. 60(b)(4).
City of Fairmont v. Chrisite (In re Comvest Ltd., Inc.), Adv. Proc. No. 14-ap-41
Date: 12/18/2014
Date: 12/18/2014
Motion for leave to file a third-party complaint is denied based on a failure to state a claim for indemnification or contribution.
JJ Best Banc & Co., v. Snyder, 13-ap-53
Date: 10/31/2014
Date: 10/31/2014
JJ Best Banc & Co.'s motion for summary judgment is DENIED on the basis that it failed to make a prima facie showing under § 523(a)(2)(A).
Debtors John R. Snyder and Deborah S. Snyder motion for summary judgment is also DENIED on the basis that there appear to be issues of material fact.
Markwood v. U.S. Department of Education, et al., 14-ap-04
Date: 10/31/2014
Date: 10/31/2014
The U.S. Department of Education ("DOE") is entitled to summary judgment because the undisputed material facts fail to support the Plaintiff-Debtor's cause of action seeking to discharge her student loan obligation owed to DOE.
In re Capelli, Case No. 13-1433
Date: 09/29/2014
Date: 09/29/2014
Although he owns certain property as a tenancy by the entirety, the Debtor may claim as exempt property listed in § 522(d) because he is artificially domiciled in Virginia, which is an opt-out state, but he is ineligible, as a non-resident thereof, to claim exemptions under Virginia law.
In re Scotchel, 12-bk-09
Date: 08/28/2014
Date: 08/28/2014
Based on the Supreme Court’s decision in Law v. Siegel, 134 S. Ct. 1188 (2014), the court cannot exercise its equitable powers to disallow the Debtor’s amended claim of exemptions.
Fair v. First Choice Am. Cmty. Fed. Credit Union, Adversary No. 13-56
Date: 07/22/2014
Date: 07/22/2014
The court adopts the petition date as the valuation date when determining whether a secured creditor’s junior lien on the debtor’s residence is wholly unsecured under 11 U.S.C. § 506(a)(1) and subject to being “stripped off” in conjunction with the debtor’s proposed Chapter 13 plan.
Sheehan v. WestStar Mortgage, Inc. (In re Shaver), Adversary No. 13-02
Date: 06/26/2014
Date: 06/26/2014
The court, following Fluharty v. Quicken Loans, Inc., Civil Action No. 5:13CV68, 2013 WL 5963060 (N.D.W. Va. Nov. 7, 2013), grants summary judgment to Bank of America because the statute of limitations on the Plaintiff’s cause of action for a violation of W. Va. Code § 31-17-8(j)(6) runs from the loan closing date and not the due date of the last payment under the loan. In granting summary judgment, the court denies the Plaintiff’s request to certify the issue to the Supreme Court of Appeals of West Virginia.
In re Pyburn, Case No. 11-1137
Date: 05/21/2014
Date: 05/21/2014
The court finds that a state court proceeding seeking the reformation of a deed of trust is an in rem proceeding that does not violate the automatic stay under 11 U.S.C. § 362(a) when the bankruptcy estate previously abandoned its interest in the subject property and both debtors surrendered their respective interests, whatever they may have been, in the property by virtue of their confirmed Chapter 13 plan.
13-1054 In re Fairmont General Hospital - Mem Op
Date: 05/19/2014
Date: 05/19/2014
A collective bargaining agreement executed by the debtor hospital was done in the ordinary course of its business under 11 U.S.C. § 363(c)(1) and is valid without court approval
In re Collins, Case No. 13-545
Date: 04/29/2014
Date: 04/29/2014
The court denies, based upon an absence of statutory or rule-based authority, the Chapter 7 trustee’s motion seeking the issuance, from the Clerk, of a second notice to creditors of the need to file proofs of claim. The court recognizes, however, that the administration of a Chapter 7 bankruptcy estate, specifically regarding the solicitation of proofs of claim, is largely left to the trustee’s reasonable business judgment.
Santacroce v. Funkhouser, Adversary No. 13-18
Date: 04/14/2014
Date: 04/14/2014
The court denied the defendants’ motion for an extension of time to appeal under Fed. R. Bankr. P. 8002(c)(2) where the defendants failed to establish “excusable neglect” justifying such an extension.