Bankruptcy Court for the Southern District of West Virginia Court Cases

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  1. In Re Honosky (1980)

    The Plaintiff seeks a lifting of the automatic stay imposed by 11 U.S.C. § 362(a) so that she may prosecute a law suit now pending in the Circuit Court of McDowell County against the Debtor. The suit was instituted on January 21, 1980, to recover damages allegedly incurred when the Debtor's coal truck struck the Plaintiff's automobile. The Debtor subsequently filed his bankruptcy petition on July 10, 1980, and the automatic stay of 11 U.S.C. § 362(a) was invoked.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-10115, Adv.No. 80-0146
  2. In Re Simms (2003)

    Pending are motions for summary judgment filed by the defendants, United States of America and Karl R. Simms[1]. At issue is entitlement to the proceeds of the sale of real estate owned by the debtor upon which various liens had attached. The legal issues underlying the motions have been fully briefed, and the Court finds them ripe for review.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 02-40183, Adversary No. 02-139
  3. In Re Walters (1981)

    Homer G. Walters, the Debtor, claimed unmatured life insurance policies on the life of his son as exempt under the provisions of 11 U.S.C. § 522(d)(7). His son died one week after the Debtor filed a voluntary petition in bankruptcy and benefits in the sum of $115,380.00 have been paid to the Debtor. The Trustee and BancOhio National Bank, a creditor of the estate, object to allowance of the proceeds from the policies as exempt, relying upon 11 U.S.C. § 541(a)(5).


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-30201
  4. In Re Zerkle Trucking Co. (1991)

    The Court is asked to decide whether equipment lease agreements with terminal rent adjustment clauses [TRAC leases] are true leases or leases intended for security. If they are true leases, the Debtor, Zerkle Trucking Company [Zerkle], must assume the leases and pay according to the agreements or reject the leases, return the equipment and pay damages. The Court finds the agreements to be intended as security agreements and not true leases.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 91-30086
  5. In Re Concord Coal Corp. (1981)

    E. Newbold Smith, the holder of a one-third equity security interest in the Debtor corporation, seeks the ouster of the Debtor's current management and the appointment of a trustee under 11 U.S.C. § 1104. Mr. Smith's request is supported by a unanimous Creditors' Committee.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-20299, Adv. No. 80-0196
  6. Matter of Cole (1980)

    The Debtor, whose only income at the time of filing was State unemployment benefits, proposes paying only one of his three creditors, the favored one being fully secured by a lien on a 1979 four-wheel drive pick-up truck.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 79-50126
  7. In Re Walls (1982)

    Joseph Harley Walls, Jr., a chapter 13 Debtor, seeks to avoid the lien of Appalachian Tire Products, Inc. [Appalachian] against a 1975 Peterbilt truck owned by the Debtor. The case was presented upon a stipulation of facts which reads in its entirety as follows:


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 81-30033, Adv. No. 81-0065
  8. In Re Crouch (1989)

    MEMORANDUM OPINION AND ORDER SETTING ASIDE SEPTEMBER 13, 1988 ORDER WHICH REQUIRED DEBTORS TO AMEND THEIR STATEMENT OF INTENTION REGARDING SECURED CONSUMER DEBTS TO INDICATE THAT THEY WOULD EITHER REAFFIRM THEIR DEBT TO COLGASCO EMPLOYEES FEDERAL CREDIT UNION OR REDEEM THE AUTOMOBILE SECURING THAT DEBT


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 88-20328
  9. In Re Mills (1999)

    This matter comes before the Court upon several motions filed on June 10, 1999. The debtors and the United States have requested this Court to decide this case based upon a stipulation of facts submitted by the parties. The debtors and the United States have additionally submitted memoranda in support of their arguments for judgment on the pleadings. This Court finds that the motions for judgment on the stipulations of fact are proper, as there are no factual disputes in this case, and rules as [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 96-20435. Adversary No. 98-0076
  10. In Re Lady H Coal Co., Inc. (1996)

    Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, Barbara E. Locklin-George, Christopher F. Clarke, Washington, DC, and Marilyn L. Baker, Beins, Axelrod, Osborne, Mooney & Green, P.C., and Katharine B. Houlihan, Morgan, Lewis & Bockius, LLP, Washington, DC, for UMWA Health and Retirement Funds.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy Nos. 94-20449, 94-20766, 94-20765, 94-20767 and 94-20710
  11. In Re Smith (1993)

    Debtor/plaintiff, Gary D. Smith ("Smith"), and his wife, and defendant, Woodrow W. Jones ("Jones"), and his wife purchased a 1.882 parcel of real estate in July, 1971. Smith and Jones utilized the property in their business for the next several years.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 20159
  12. In Re Cooper (1989)

    Issues before the Court are whether a security agreement grants a security interest in unearned insurance premiums sufficient to defend against the claim of a trustee in bankruptcy, and whether a premium financier may compel cancellation of an insurance policy to recover its collateral.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: 88-20322
  13. In Re Eastern Equipment Co. (1981)

    The Plaintiff, Leasing Service Corporation, seeks a determination of amounts due it by the Debtor, Eastern Equipment Company, under two separate contracts. Earlier in this proceeding Leasing Service had obtained possession of two construction cranes from the Debtor, recovered $4,100.00 in rental income which the cranes had produced for the Debtor, and received an accounting of the remaining revenue which the cranes had generated for the Debtor.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 79-20347, Adv. No. 80-0011
  14. In Re Walters (1981)

    BancOhio seeks the conversion of this chapter 13 case to a liquidation case under chapter 7 of the Bankruptcy Code. The Bank contends that the Debtors, Homer G. and Evolene Walters, are not eligible for chapter 13 relief inasmuch as their debts exceed the limits imposed by 11 U.S.C. § 109(e). The Debtors insist that most of their debts are unliquidated and contingent in nature and must be excluded in determining chapter 13 eligibility.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-30201
  15. In Re Reed (1981)

    Del H. Reed, Jr., contests a petition filed by three of his creditors seeking an involuntary order for relief against him under chapter 7 of the Bankruptcy Code. The Petitioners, who hold judgments against the alleged debtor [hereinafter Debtor] in excess of $92,000.00, allege that he is generally not paying his debts as they become due, within the meaning of 11 U.S.C. § 303(h)(1). Reed acknowledges the indebtedness and even concedes that he may not be generally paying his debts, but contends [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-20226
  16. In Re Heck's Inc. (1991)

    This matter is before the Court on the objection of Heck's, Inc. [Debtor] to the claim of a landlord for damages pursuant to 11 U.S.C. § 502(b)(6) for rejection of a lease. Following authorization by the Court, the Debtor rejected a triple net lease of more than 40,000 square feet of space owned by Cowron & Company [Cowron] located at a shopping center in Rhea County, Tennessee. The lease was rejected September 18, 1987 and surrendered to the lessor four days later. Rent for the period [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 87-20150, Adv. No. 89-0151
  17. In Re Heck's, Inc. (1990)

    Robert M. Miller, Harvey S. Berenson, James M. Nolan, Arlene R. Koval, Mark A. Frankel, Berlack, Israels & Liberman, New York City, Frances W. McCoy, Charleston, W.Va., for Equity Sec. Holders' Committee.


    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 87-20150
  18. In Re Thomas Communications, Inc. (1993)

    On March 11, 1992, Thomas Communications, Inc. (hereinafter "Thomas") filed its petition for relief under Chapter 11 of the Bankruptcy Code. 11 U.S.C. § 1101 et seq. As debtor-in-possession, Thomas operated two radio stations, WKKW (FM) of Clarksburg, West Virginia, and WBES (FM) of Charleston, West Virginia. Thomas held FCC broadcasting licenses to operate both stations. By order entered September 24, 1992, this Court granted Allied Financial Corporation II, Allied Financial Corporation and [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 92-20276. Adv. No. 93-0047
  19. In Re Underwood (1981)

    The Debtors seek dismissal of their joint voluntary petition filed March 7, 1980, under chapter 7 of the Bankruptcy Code, in order to file a new petition including a new debt. Following the Debtors' meeting of creditors on April 14, the Trustee filed a report declaring that no assets were available for distribution to creditors, and a discharge hearing was then scheduled for September 16. However, on August 29, 1980, the Debtors filed a motion to dismiss their case. A supporting affidavit to [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 80-20066
  20. In Re Bowen (1990)

    Pending before the Court is Debtors' amended motion for determination of tax liability and for an order voiding tax liens placed by the State of West Virginia. Debtor David Bowen is a responsible officer of the following five corporations: Bowen Land Development Co., Inc.; Bowen Pharmacy of Kanawha City, Inc.; Bowen Reed Furniture Co., Inc.; Bowen Reed Furniture Co. of Danville, Inc.; Colonial Wholesale, Inc. The West Virginia Tax Department has asserted claims personally against Mr. Bowen and [...]

    Court: Bankruptcy Court for the Southern District of West Virginia Docket: Bankruptcy No. 87-20916

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