In re Warren (Case No. 02-02141) 05/25/2005
Conditionally granted Debtor's motion to incur debt after increase in income, but gave Chapter 13 Trustee an opportunity to move to increase plan payments under 11 U.S.C. section 1329(a).
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Opinions
The summaries on this website are summaries of the opinions issued by the judges of the Bankruptcy Court for the Western District of Virginia from October 2004 to date. The opinions may be searched by year, judge, category and chapter. For a more detailed search, enter a keyword in the search box above. This opinion bank, however, is not an exhaustive list of opinions issued by the judges of the Western District. These summaries are not intended to replace other research methods, but may be used as a starting point for your research. These summaries do not contain information as to whether an opinion has been published, appealed or the disposition of any such appeal, or otherwise overruled or affected by subsequent case law or statute. These summaries have been prepared for the convenience of the researcher and in no way constitute an interpretation by the Court of the opinion summarized. Please rely on the opinion not the summary. Please contact Judge Connelly's chambers or Judge Black's chambers regarding any questions or errors.
In re Hollow Mountain Res., Inc. (Case No. 04-00988) 05/20/2005
The Court individually reviewed, granted in part, and denied in part, nine objections to the debtor's proposed Disclosure Statement in advance of the hearing on the same.
In re Chandler (Case No. 04-03944) 05/13/2005
Denied confirmation of Chapter 13 plan as not feasible, but granted debtor leave to amend the plan. Automatic stay to be lifted and case converted to Chapter 7 if debtor missed any future payments.
Active Wear, Inc. v. Parkdale Mills, Inc. (In re Active Wear, Inc.) (Case No. 04-01780; A.P. No. 04-00049) 05/13/2005
The court granted the debtor-in-possession's motion to avoid the return of inventory to a distributor as preferential to the extent of the value of the diminution of the estate caused by the preferential transfer.
Chelstrom v. Fabriko Acquisition Corp., Inc., et al. (In re Boss Mgmt. Group, Inc.) (Case No. 05-61589; A.P. No. 05-06041) 05/13/2005
A party may remove any claim or cause of action to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under 11 U.S.C. § 1334. 28 U.S.C. § 1452(a). In this case, the Notice of Removal was filed in the wrong district, so the Court remanded this case.
In re Sowers (Case No. 04-02837) 04/25/2005
Under the totality of the circumstances and standard of living test, Debtor's obligation to former spouse that arose from divorce decree excepted from discharge by 11 U.S.C. section 523(a)(15).
Active Wear, Inc. v. VF Imagewear (East), Inc. (In re Active Wear, Inc.) (Case No. 04-01780; A.P. No. 04-00050) 04/13/2005
The court approved a settlement proposal regarding a preferential transfer after determining that it was in the best interest of the creditors, would avoid potentially significant litigation expenses, and fell well above the bottom range of outcomes that would be considered reasonable.
In re Coal River Resources, Inc., et. al. (Case No. 04-00988) 04/08/2005
In Chapter 11 case, Court ordered Debtor to file Amended Disclosure Statement detailing terms for sale of collateral and intended use of proceeds in response to creditor motion challenging the proposed sale. Creditors should be advised of Debtor's continued operation of its business.
In re Hairston (Case No. 04-00415) 04/05/2005
The Court denied the debtors' Motion to Quash Garnishment of child support arrearages because the confirmed Chapter 13 plan failed to "provide for" the debtor’s ex-wife's claim by not including the amount or sufficient payments to fund all plan obligations.
In re Tabor (Case No. 04-00727) 04/01/2005
The Chapter 7 Trustee filed a motion to dismiss the Debtor's case for substantial abuse under 11 U.S.C. § 707(b). The Court found that the Debtor wished to use bankruptcy to service indebtedness for which she is not legally obligated, pay transportation costs of the non-debtor spouse, and expense the start up of a business enterprise for the non-debtor spouse by discharging her own debt. The Court, applying the factors enumerated by the Fourth Circuit in Green v. Staples (In re Green), 934 F.2d 568 (4th Cir. 1991), concluded that this constitutes bad faith, and therefore, it would be a substantial abuse to permit the Debtor to continue under Chapter 7.