Bankruptcy Court for the Western District of Virginia Court Cases

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  1. In Re McPherson (2006)

    This matter comes before the Court on the chapter 13 trustee's objection to the plan of reorganization filed by Charles Francis McPherson, Jr., and Sherri Lee McPherson ("the Debtors") on the grounds that it does not provide for the payment of all of the Debtors' projected disposable income during the five-year pendency of their proposed plan of reorganization as required by 11 U.S.C. § 1325(b)[1]. Specifically, the trustee objects to the Debtors' calculation under 11 U.S.C. § [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: 06-60243-13
  2. In Re Valley Steel Corp. (1995)

    This adversary proceeding involves two steel companies, Valley Steel, (herein "Valley") the Debtor in Chapter 7, and New Jersey Steel, (herein "NJS") a creditor of Valley and the transferee of payments on account of an antecedent debt owed by Valley. The Trustee filed this adversary proceeding alleging that Valley made preferential payments to NJS in violation of 11 U.S.C. § 547(b),[1] and that those payments should be recovered by the estate for the benefit of unsecured creditors. NJS [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-88-01453. Adv. No. 7-93-00191A
  3. In Re Hylton (2007)

    The matter before the court is the objection to the confirmation of the Debtors' proposed Chapter 13 Plan ("Plan") by eCAST Settlement Corporation ("eCAST"), a creditor in the Debtors' bankruptcy case. The Court conducted a hearing on the objection on April 25, 2007. Both parties submitted authorities in support of their respective positions. After due consideration of the evidence and authorities and for the reasons stated herein, the objection is overruled in part and sustained in part.

    Court: Bankruptcy Court for the Western District of Virginia Docket: 07-70320
  4. In Re Brown (2000)

    The matter before the Court in the confirmation of the Debtors' Amended Chapter 13 Plan. A combined confirmation and evaluation hearing was held on November 22, 1999. Heilig-Meyers Corporation, d/b/a Heilig-Meyers Furniture Company, the holder of a secured claim for certain furniture and household appliances sold by it to the male Debtor, filed an objection to the original Plan on the following grounds:


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-99-02782-WSA-13
  5. In Re Mullins (2010)

    The matters before the Court are the Debtor's Third Amended Disclosure Statement filed on April 20, 2010 ("Amended Disclosure Statement"), Third Amended Plan of Reorganization ("Amended Plan") filed on April 20, 2010, and Motion to Confirm Plan Notwithstanding Balloting "Cramdown" ("Motion to Confirm") filed on May 27, 2010. Following a hearing held on June 1, 2010 at which the Debtor was the only party in interest to appear, the Court took these matters under advisement. For the reasons that [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: 09-70595
  6. In Re Palmer (1986)

    The facts appear as follows. The Debtor, David L. Palmer, an employee of Lincoln Electric Co., Inc., filed his Chapter 7 petition in this Court on June 18, 1985 and the Plaintiff, George I. Vogel, II, was appointed Trustee.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-85-00686-R, Adv. No. 7-85-0268
  7. In Re Saunders (1991)

    5. whether proofs of claim are defective if contractual attorneys' fees are requested but copies of the parts of the notes and security agreements that contain the attorneys' fee provisions are not filed.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 90-00839
  8. In Re Mann (1986)

    The issue for determination is whether the injunctive provisions of 11 U.S.C. § 524 prohibit the Movant from continuing her pending state court action against the Debtor, who has received a discharge, in order to recover under the uninsured motorist clause of the Movant's insurance policy. This Memorandum Opinion is in accordance with Rule 7052.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-84-00460-A
  9. In Re Wuerzberger (2002)

    This matter arises in the context of an adversary proceeding filed in the above-captioned Chapter 7 bankruptcy case. The Bank of New York (hereinafter "Bank") moves this court to grant partial summary judgment declaring that as of the date that James Ralph Wuerzberger (hereinafter "Debtor") filed his bankruptcy petition the Bank held a valid, enforceable, properly executed and unavoidable security interest in and lien on the Debtor's manufactured home superior to that hypothetical judicial lien [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 5-01-00232. Adversary No. 5-02-00005A
  10. In Re Maupin (2007)

    This matter comes before the court on an objection by the chapter 13 trustee to the confirmation of the chapter 13 plan of Susan T. Maupin ("the Debtor"). In addition, the court has, on its own motion, raised other objections to the Debtor's plan.


    Court: Bankruptcy Court for the Western District of Virginia Docket: 07-61051-LYN
  11. In Re Ballard (1986)

    Upon hearing before the Court ore tenus, the facts appeared as follows. The Debtor, John E. Ballard, obtained two educational loans from the Virginia Education Loan Authority and executed two promissory notes, on October 27, 1979 and April 5, 1981, in the principal amount of $2,500.00 each with 7% interest and attorney's fees for collection. The notes were guaranteed by the State Educational Assistance Authority.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-86-0038, Adv. No. 7-86-0038
  12. In Re Architectural Millwork of Virginia, Inc. (1998)

    The matter before the Court in this Chapter 11 case is the motion of Associates Leasing, Inc., ("Associates") to compel assumption or rejection of leases. A few weeks after that matter was heard and taken under advisement, Associates brought a motion for the payment of leases before the Court. That matter was also taken under advisement at the conclusion of its hearing.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 98-00942
  13. In Re Virginia Block Co. (1981)

    The issue in these adversary proceedings is mutuality of debts due the debtor Virginia Block Company (Virginia Block) and claims of the respective defendants under § 553 of the Bankruptcy Reform Act of 1978 (Code), 11 U.S.C. § 553.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-80-00688, Adv. Nos. 7-81-0086 to 7-81-0088 and 7-81-0114
  14. In Re Harry (1992)

    The debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on July 27, 1992. In Schedule A filed with her petition, the debtor stated that she was the joint owner of the five parcels of real property described as follows:


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 92-01386
  15. In Re Forgette (2007)

    This matter comes before the court on the Movant's motion for relief from stay. A hearing on the matter was held August 9, 2007. After reviewing the evidence and relevant authorities, the Movant's motion for relief from stay is DENIED.


    Court: Bankruptcy Court for the Western District of Virginia Docket: 07-70458
  16. In Re Stinson (2002)

    The issue before the court is whether 11 U.S.C. § 525(b)(1) prohibits discriminatory hiring by private entities. The complaining party alleges that a bank withheld an offer of employment solely because he had been a debtor under Title 11 of the United States Code. Moving to dismiss for failure to state a claim,[1] the bank contends that discriminatory hiring is not an event proscribed by 11 U.S.C. § 525(b). The court heard the parties in oral argument and considered the pleadings and [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-01-02631, Adversary No. 7-02-00001
  17. In Re Gentry (2001)

    The matter before the Court is the motion of the Chapter 7 Trustee, William E. Callahan, Jr., Esq. ("Trustee"), requesting the Court to hold the Debtor, Beth Gentry ("Debtor"), in civil contempt of court for her failure to comply with this Court's turnover order dated October 12, 2000, which directed the Debtor to turn over inter alia such portion of the Debtor's 1999 federal and state income tax refunds as accrued before the commencement of the Debtor's case. The Court finds the Debtor to be [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: 7-99-03069-WSB-7
  18. In Re Virginia Block Co. (1982)

    The issue in this proceeding is whether the defendant Virginia Mutual Insurance Agency (Virginia Mutual) properly set off refunds of insurance premiums and policy dividends against a claim against the insured debtor, Virginia Block Company (Virginia Block).


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-80-00688, Adv. No. 7-81-0289
  19. In Re Looney (1988)

    The issue before the court is whether a Chapter 13 debtor has an absolute right, on debtor's Motion, to have the case dismissed while a Motion to Convert it to Chapter 7 by the trustee is also pending.


    Court: Bankruptcy Court for the Western District of Virginia Docket: Bankruptcy No. 7-86-00912-BKC-HPB
  20. In Re Meade (2009)

    Ronald and Johnnie Meade (collectively, the "Debtors") filed a voluntary chapter 7 petition on May 23, 2008, commencing the current bankruptcy case. Subsequently, on August 6, 2008, the United States Trustee filed a Motion to Dismiss the case under 11 U.S.C. § 707(b)(1) ("the Motion") on the ground that the petition was an abusive filing. The Motion was tried on August 6, 2009, after which the Court took the matter under advisement, allowing the parties to submit written arguments. Based on [...]

    Court: Bankruptcy Court for the Western District of Virginia Docket: 08-70942

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