Bankruptcy Court for the Northern District of West Virginia Court Cases

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  1. In Re Quigley (2008)

    The two issues in this case concern the appropriate expense deductions for an above the median income debtor completing Form B22C, which implements the disposable income test of 11 U.S.C. § 1325(b). The two issues are whether: (A) the debtor may claim a secured debt expense deduction for collateral that the debtor intends to surrender, and (B) the debtor may claim a secured debt expense when the debtor is not using the secured collateral and a non-debtor party is actually making the secured [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 08-24
  2. In Re Shreves (2001)

    This matter comes before the Court pursuant to the trustee's Complaint to Set Aside Transfer of Interest. The trustee seeks to set aside the security interest of defendant Valley National Bank ("Valley") in a 1997 GMC Jimmy ("vehicle") that was perfected within ninety days of the debtors' bankruptcy filing and more than four months after the interest was obtained. The Court has jurisdiction pursuant to 28 U.S.C. § 1334. This matter is a core proceeding under 28 U.S.C. § 157.


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 00-12666, Adversary No. 00-1189
  3. In Re AB & C Group, Inc. (2009)

    Jessica Nestor, Julia A. Chincheck, Richard M. Francis, Bowles Rice McDavid Graff & Love LLP, Charleston, WV, Michael B. Keller, Martinsburg, WV, William E. Shmidheiser, III, Lenhart Obenshain PC, Harrisonburg, VA, for Petitioning Creditors.


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 08-bk-482
  4. In Re Waters (2008)

    The Chapter 13 trustee (the "Trustee") objects to the confirmation of the Chapter.13 plan proposed by Georgina M. Waters (the "Debtor") on the basis that the plan fails to commit all the Debtor's disposable income to the plan. More specifically, the Trustee argues that the Debtor has intentionally excluded VA benefits in the amount of $1,572 per month from Schedules I on the basis that the benefit is exempt under both federal and West Virginia law. The Debtor argues that exempt assets should [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 07-459
  5. In Re DeMarco (1990)

    The issue in this adversary proceeding is one of ownership with respect to funds which were held in the name of the debtor and her father in a joint survivorship account. The debtor died during the bankruptcy proceedings. For the reasons that follow, the Court finds that ownership of these accounts vested in the father at the time of the debtor's death.


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 88-00198-C, Adv. No. 89-0029
  6. In Re Chandler (2007)

    Rene A. Chandler (the "Debtor") claims an exemption in real property that she owns in Wellsburg, West Virginia pursuant to 11 U.S.C. § 522(d). The Debtor, a former domiciliary of Georgia, has not lived in West Virginia for a period of 730 days preceding her Chapter 7 bankruptcy petition. Martin P. Sheehan, the Debtor's Chapter 7 trustee (the "Trustee"), objects to the Debtor's use of the federal exemptions on the basis that the Bankruptcy Code requires the Debtor to use the exemptions provided [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 06-1043
  7. In Re LS Good & Co. (1980)

    J.W. Knapp Company, a corporation, (hereinafter called Knapp) filed a voluntary Chapter 11 petition in this District May 27, 1980. On September 17, 1980 the unsecured Creditors' Committee filed its MOTION FOR APPOINTMENT OF TRUSTEE. Hearing was had on the motion October 16, 1980 at Wheeling and the matter was taken under advisement by the Court. Now having fully considered the testimony, the exhibits presented and the arguments of counsel, I find the facts to be as follows:


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 80-00253-W
  8. In Re Morrell (2008)

    As authorized by Congress, West Virginia chose not to allow its residents to use the federal bankruptcy exemptions in 11 U.S.C. § 522(d). Instead, West Virginia has created its own scheme of bankruptcy exemptions in W. Va.Code § 38-10-4, which are different from the exemptions available to residents who are not in bankruptcy.


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 08-519
  9. In Re Boring (2006)

    This matter came before the court on the motion of DaimlerChrysler Financial Services Americas, LLC ("Daimler Chrysler") to confirm the absence of the automatic stay. DaimlerChrysler asserted in its motion that the automatic stay terminated because Christina Joann Boring (the "Debtor") failed to affirmatively state on her statement of intention whether she was reaffirming, redeeming, or surrendering her 2003 Dodge Neon, which secures the debt she owes to DaimlerChrylser. The Debtor argues that [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 05-06768
  10. In Re Morgan (1989)

    This adversary proceeding originally came before the Court on the complaint of the Chapter 7 Trustee, James J. Harkins, seeking a determination as to whether the defendant, Wheeling National Bank, has a perfected lien against real estate of the debtors herein. The defendants, Merwood William Morgan and Virginia Jane Morgan, debtors, joined in the relief requested by the Trustee, and seek a determination of the validity of Wheeling National Bank's lien. The defendant, Wheeling National Bank, [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 88-00578-W, Adv. No. 88-0061
  11. In Re Windwood Heights, Inc. (2008)

    Modular Structures of PA, Inc. ("MSI"), a judgment creditor, seeks relief from the automatic of the Bankruptcy Code pursuant to 11 U.S.C. § 363(d)(3) against single asset real estate held by Windwood Heights, Inc. (the "Debtor"). The Debtor opposes the motion on the basis that judgment creditors are not eligible to utilize § 363(d)(3) to lift the automatic stay, and, alternatively, that it has proposed a plan of reorganization that has a reasonable possibility of being confirmed within a [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 07-1001
  12. In Re Kitzmiller (1997)

    The factual matters in this case are not at issue. The Debtors obtained cash advances on November 3, 1995, in the amount of $3,475.00; November 16, 1995 in the amount of $1,400.00; and November 30, 1995, in the amount of $700.00. All the cash advances were obtained within 60 days of the filing of the bankruptcy petition. At the time the cash advances were taken, the Debtors were aware that David L. Kitzmiller would no longer be employed because the company had sent written notice that it was [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 95-11486, AP No. 96-1030
  13. In Re Horner (2000)

    This matter is before the Court pursuant to the Defendant's Motion For Summary Judgment. The Court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this District. The matter before the Court is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F) and (K).


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 00-30112. Adversary No. 00-3054
  14. In Re Morris (1996)

    Currently before the Court is the Adversary Proceeding initiated by Blenda D. Morris (hereinafter "Plaintiff") against her former spouse, Russell E. Morris III (hereinafter "Debtor"). In this proceeding, Plaintiff seeks to have Debtor's obligation to pay a marital debt pursuant to a property settlement agreement entered into between the parties at the time of their divorce held to be a nondischargeable debt owed to her pursuant to 11 U.S.C. § 523(a)(15). A trial was held on the issues [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 95-11108. Adv. No. 96-1005
  15. In Re Johnston (2007)

    Michelle Denise Johnston (the "Debtor") filed this adversary proceeding against Telecheck Services, Inc. ("Telecheck"), on September 13, 2006, seeking damages for violation of the automatic stay and discharge injunction of the Bankruptcy Code. In addition to the Bankruptcy Code's causes of action, the Debtor asserts ancillary claims under West Virginia State law. More specifically, the Debtor alleges that Telecheck violated W. Va.Code § 46A-2-124(c),[1] by attempting to collect a debt using [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 05-6288, Adversary No. 06-178
  16. In Re Pierce Coal and Const., Inc. (1986)

    On the 28th day of January, 1986, hearing was had on the Request of Transamerica Insurance Company for Allowance and Payment of Chapter 7 and Chapter 11 Administrative Expenses. Present were Robert G. Durnal, Chapter 7 trustee; William D. Wilmoth, counsel for the debtor; Robert J. Blumling and John L. Spiegel, counsel for Transamerica Insurance Company; William Dean, United States Department of Justice, Tax Division; Julia Chincheck, counsel for Great Lakes Carbon; Robert M. Amos, counsel for [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 81-00263-C
  17. In Re Polce (1994)

    In this case, Larry Joe Polce and Karen Sue Polce jointly filed their petition in bankruptcy under Chapter 7 of the Bankruptcy Code on December 23, 1993 and received their discharge on March 25, 1994. Prior to the debtors filing their petition, on June 9, 1992, General Motors Acceptance Corporation (hereinafter "GMAC") received a judgment against the debtors in the amount of $7,490.98 plus interest. A suggestee execution was served via certified mail on May 6, 1993, upon Lenox Mining Company [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 93-11300. Adv. No. 94-1001
  18. In Re Tropea (2006)

    David M. Mezzenotte, an unsuccessful stalking horse bidder for the business assets of Vincent Anthony Tropea (the "Debtor"), requests that this Court award him a "finder's fee" of $3,000 to offset his "unrecovered costs." The Debtor and Shell Equipment Company object to the award of any finder's fee on the grounds that no contractual basis exists for awarding the requested fee, and that no independent right to recover such a fee exists under the Bankruptcy Code.


    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 04-1887
  19. In Re LS Good & Co. (1980)

    L.S. Good & Co., a Delaware corporation, (hereinafter called Goods) filed a voluntary Chapter 11 petition in this District May 27, 1980. Goods is a holding company and its significant assets are its equity security holdings in nine wholly-owned subsidiaries, each of which has filed a voluntary Chapter 11 petition in this District. The principal business of seven of the subsidiaries was the operation of retail department stores in various communities located in Michigan, New York, Ohio, [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: Bankruptcy No. 80-00253-W
  20. In Re Lehosit (2006)

    This matter came before the court on March 22, 2006, on motion of Michael Joseph Leh osit (the "Debtor") requesting the bankruptcy court to reopen his case in order to compel the trustee to abandon a lawsuit that the debtor has filed against David S. Jenks and, further, that the filing fee for the reopening be waived. Mr. Jenks opposes the motion on the grounds that the issue has previously been decided by the court. The court finds the issue suitable for decision without oral argument, and for [...]

    Court: Bankruptcy Court for the Northern District of West Virginia Docket: 03-BK-00874

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