The party objecting to the sale did not specifically identify a legal or factual impediment to a hypothetical cramdown under § 1129; consequently, the Judge approved the sale under § 363(f)(5).
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Patrick M. Flatley
Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014
Date: 03/31/2014
The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.
Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014
Date: 03/31/2014
The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.
Fluharty v. Gratz Adversary No. 09-36
Date: 03/31/2014
Date: 03/31/2014
The Court granted the Motion to Dismiss for lack of subject matter jurisdiction.
Fluharty v. Duet, Adversary No. 13-45
Date: 03/24/2014
Date: 03/24/2014
The court denied the defendant's motion to dismiss the Trustee's complaint, based upon the West Virginia Fraudulent Transfers Act and sections 547 and 548 of the Bankruptcy cod, seeking the avoidance of certain transfers made from the Debtor to the defendant.
In re Burgess, Case No. 11-bk-1257
Date: 10/30/2013
Date: 10/30/2013
The court grants creditor’s motion to convert under 11 U.S.C. § 1112(b)(1) where it finds cause in the form of, among other things, a continued diminution of the estate under 11 U.S.C. § 1112(b)(4)(A).
Bennett v. Butler, AP No. 12-82
Date: 10/22/2013
Date: 10/22/2013
The court denies relief to the Plaintiff under 11 U.S.C. § 727(a)(4)(A) where the Plaintiff failed to prove by a preponderance of the evidence that the Debtor’s omission from his bankruptcy schedules of an alleged interest in property was a knowingly false statement made with a fraudulent intent.
In re Cole, Case No. 10-925
Date: 09/30/2013
Date: 09/30/2013
Debtor’s counsel’s supplemental application for $18,104.75 fees is granted in part. Counsel filed his supplemental application postconfirmation and sought compensation pursuant to his retainer agreement with the Debtor for work performed post-petition. After adjudging the supplemental request under 11 U.S.C. § 330(a)(4), the court awards counsel supplemental fees in the amount of $10,862.85.
The Huntington National Bank v. Aman, Adv. Proc. No. 11-98
Date: 09/20/2013
Date: 09/20/2013
Plaintiffs' joint motion for summary judgment is denied. Summary judgment is inappropiate on Plaintiffs' complaint under 11 U.S.C. § 523(a)(2)(A), and (6) where the record before the court evidences genuine disputes of material facts.
Morgantown Excavators, Inc., v. The Huntington National Bank, Adv. Proc. No. 13-24
Date: 09/09/2013
Date: 09/09/2013
The Court denied Plaintiffs' motion to abstain and remand. The court was not required to abstain under 28 U.S.C. § 1334(c)(2) because the proceeding could not be timely adjudicated in state court. Similarly, the factors considered for permissive abstention under § 1334(c)(1) weighed against abstention.
Trumble v. Burke et al. (In re Miller), AP No. 10-136
Date: 07/21/2013
Date: 07/21/2013
The Defendants' motion under Fed. R. Civ. P. 60(b)(4) to vacate the court's order authorizing their employment by the bankruptcy estate is denied where the order is not void for lack of subject matter jurisdiction. Additionally, the Defendants' motion for summary judgment is denied where the bankruptcy estate was not divested of its interest in property of the estate based upon the Debtor claiming an exemption therein using "unknown" as the value of the claimed exemption.
In re Augusta Apartments, LLC, Case No. 10-303
Date: 07/05/2013
Date: 07/05/2013
The court denied Edward R. Kohout's motion to employ nunc pro tuncbecause he did not demonstrate that the delay in seeking court approval resulted from extraordinary circumstances. The court also found that Mr. Kohout violated 11 U.S.C. § 329 because he never filed a disclosure statement with the court pursuant to Federal Rule of Bankruptcy Procedure 2016(b). Based on Mr. Kohout's failure to comply with § 327 and § 329, the court ordered him to disgorge his entire fee.
In re Augusta Apartments, LLC, Case No. 10-303
Date: 07/03/2013
Date: 07/03/2013
The court denied Edward R. Kohout's motion to employ nunc pro tuncbecause he did not demonstrate that the delay in seeking court approval resulted from extraordinary circumstances. The court also found that Mr. Kohout violated 11 U.S.C. § 329 because he never filed a disclosure statement with the court pursuant to Federal Rule of Bankruptcy Procedure 2016(b). Based on Mr. Kohout's failure to comply with § 327 and § 329, the court ordered him to disgorge his entire fee.
In re Scotchel, Case No. 12-9
Date: 04/26/2013
Date: 04/26/2013
John C. Scotchel, Jr., held a legally enforceable interest in the Falls Case contingent fee contract when he filed for bankruptcy relief. Because he did not render postpetition services that were necessary to obtain the contingent fee, the court found his entire fee was property of the bankruptcy estate.
Sheehan v. Klein et al. (In re Mountaineer Bulk Services, Inc.), AP No. 12-31
Date: 02/19/2013
Date: 02/19/2013
The court grants General Corporation's motion for summary judgment on count II of the Trustee's complaint. The court finds that 11 U.S.C. § 546(a) bars the Trustee from commencing an action under 11 U.S.C. § 544(a).
Hughes v. United States Dept. of Educ. et al., (In re Hughes), AP No. 11-116
Date: 12/06/2012
Date: 12/06/2012
The court grants the United States Department of Education's motion to dismiss because the debtor's complaint fails to state a claim upon which relief can be granted. By the debtor consolidating his prepetition student loans postpetition, he extinguished his student loan obligations and created a new postpetition debt. The court cannot discharge debts that arise postpetition. 11 U.S.C. § 727(b).
Sheehan v. Warner (In re Warner), AP No. 12-35
Date: 09/27/2012
Date: 09/27/2012
Trustee's motion for summary judgment is denied because 11 U.S.C. § 541(c)(1) invalidates the dissolution provision contained in McCoy Farm's operating agreement.
In re Wilson, Case No. 12-172
Date: 06/26/2012
Date: 06/26/2012
The court disapproves of the debtor's reaffirmation agreement. However, the court holds that because the debtor complied with the strictures of 11 U.S.C. §§ 521(a) and 362(h), the creditor may continue to accept payments, but may not repossess the debtor's vehicle unless there is a subsequent payment default.
In re: The Square at Falling Run, LLC, Case No. 11-753
Date: 04/30/2012
Date: 04/30/2012
Petition for involuntary Chapter 7 relief is granted.
In re Sonntag, Case No. 10-1749
Date: 03/28/2012
Date: 03/28/2012
The court granted the U.S. Trustee's motion to dismiss for abuse under 11 U.S.C.§ 707(b)(3). The court held that after balancing the Debtors' ability to repay their creditors and the other Greenfactors, the totality of the Debtors' financial circumstances demonstrates abuse.