The court denied summary judgment requested by the Plaintiff regarding its attempt to avoid as a preference the recordation of a UCC-1 financing statement because the Defendant assigned its security interest in the Debtor's property to a third party such that it was not a creditor of the Debtor. However, the court granted summary judgment to the Plaintiff on a second count under § 544 of the Bankruptcy Code relating to the same security interest because the Defendant did not possess an attached and perfected interest in the Debtor's property as of the bankruptcy petition date, thus resolving both counts.
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Patrick M. Flatley
D’Amico v. U.S. Dept. of Treasury, 15-ap-05
Date: 02/01/2016
Date: 02/01/2016
The court granted summary judgment to the Debtor on his complaint, which alleged a willful stay violation under § 362(k) of the Bankruptcy Code against the U.S. Department of the Treasury and the United States Postal Service.
Fluharty v. Duet, 13-ap-45
Date: 01/29/2016
Date: 01/29/2016
The court partially granted summary judgment to the Defendant, finding that transfers made to the Defendant by the Debtor's member were not transfers of the Debtor's property, and thus not avoidable under §§ 544, 547, or 548 of the Bankruptcy Code.
Mooring Capital Fund, LLC v. Sullivan (In re 201 North George Street, LLC) , 14-ap-16
Date: 09/28/2015
Date: 09/28/2015
The court denies summary judgment to both Mooring and the Sullivans where their dispute regarding their relative lien positions vis-a-vis the Debtor's property revolves around whether Mooring's predecessor-in-interest knew about the Sullivans' intervening deed of trust at the time it released its first-priority deed of trust and took a subsequent deed of trust on the Debtor's property.
Godfrey v. The Huntington National Bank (In re Godfrey), Case No. 13-ap-24
Date: 09/18/2015
Date: 09/18/2015
The authenticated notice of private disposition sent to the party's attorney complies with W. Va. Code 46-9-611(c). Genuine issues of material fact exist regarding whether the bank's private disposition of collateral was commercially reasonable. Summary judgment is granted to the third party purchaser as a good faith transferee under W. Va. Code 46-9-617(b).
Nationstar Mortgage, LLC v. Siler (In re Siler), 13-ap-46
Date: 09/18/2015
Date: 09/18/2015
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.
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.