Case law

Logan Medical Foundation v. Hayflich & Steinberg (In Re Logan Medical Foundation, Inc.)

346 B.R. 184 · United States Bankruptcy Court, S.D. West Virginia · Jun 26, 2006

The moving party must establish that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law. Fed.R.Civ.P. 12(c); Fed. R. … Claims arise under title 11 if the claims “clearly invoke substantive rights created by bankruptcy law.” Glinka v. Murad (In re Housecraft Indus. USA, Inc.), 310 F.3d 64, 70 (2nd Cir.2002).

Universal Bank, N.A. v. Machnic (In re Machnic)

271 B.R. 789 · United States Bankruptcy Court, S.D. West Virginia · Jan 10, 2002

Debtor has not established that Counsel for Universal had actual authority to seek costs and attorney’s fees. Nonetheless, the evidence before the court establishes Counsel’s apparent authority to do so. … SPECIFIC VIOLATIONS OF THE ACT Having concluded that Universal qualifies as a debt collector under the Act, the Court will next consider the alleged violations.

In Re MacHnic

271 B.R. 789 · United States Bankruptcy Court, S.D. West Virginia · Jan 10, 2002

Debtor has not established that Counsel for Universal had actual authority to seek costs and attorney's fees. Nonetheless, the evidence before the court establishes Counsel's apparent authority to do so. … SPECIFIC VIOLATIONS OF THE ACT Having concluded that Universal qualifies as a debt collector under the Act, the Court will next consider the alleged violations.

Ingersoll-Rand Financial Corp. v. 5-Leaf Clover Corp. (In Re 5-Leaf Clover Corp.)

66 A.L.R. Fed. 497 · United States Bankruptcy Court, S.D. West Virginia · Sep 3, 1980

Nonetheless, the evidence established that the Debtors did have some equity in the equipment. … Ingersoll-Rand offered testimony to establish a depreciation rate of 2.2%, or approximately $25,000 per month.

Ratliff v. The United States Department of Education

United States Bankruptcy Court, S.D. West Virginia · Aug 27, 2021

Bankruptcy Code Section 106(a) clearly abrogates that immunity in this specific situation: the Ratliffs accuse the DOE of violating the discharge injunction (contained in § 524), which is listed in § 106(a) as a basis … for abrogation of sovereign immunity against a governmental unit.

Dodson v. Wessex Mining Corp. (In Re Boden Mining Corp.)

11 B.R. 562 · United States Bankruptcy Court, S.D. West Virginia · Mar 3, 1981

“Machinery,” though not defined in the Code, clearly is a component of equipment. The coal cleaning plant is comprised of both machinery and equipment. … The UCC establishes priorities among conflicting security interests in the same collateral.

Loudin v. J.P. Morgan Trust Co.

481 B.R. 388 · United States Bankruptcy Court, S.D. West Virginia · Sep 5, 2012

The court has already established that this case fits the description given by the Fourth Circuit of cases that are “related to” title 11 bankruptcy proceedings. … The use of “this section” in § 1334(c)(2) clearly refers to § 1334 overall, and therefore the exclusive jurisdiction sought by defendant in § 1334(e)(1) cannot qualify to defeat mandatory abstention.

Clark v. Clark (In re Clark)

574 B.R. 598 · United States Bankruptcy Court, S.D. West Virginia · Sep 30, 2017

An obligation qualifies as a DSO if it is (1) owed to a spouse or child of a spouse, (2) “in the nature of alimony, maintenance, or support,” (3) established by a divorce decree before a debtor spouse petitioned for relief … Jessee, 789 F.2d 1074, 1077-78 (4th Cir. 1986) (concluding that the structured drafting and labels attached to the agreement clearly demon strated parties’ intent to separate alimony from property settlement issues).

Horne v. Humphreys (In re James F. Humphreys & Associates, L.C.)

554 B.R. 355 · United States Bankruptcy Court, S.D. West Virginia · Jul 15, 2016

argument, that the Tazewell County Airport Authority was immune from suit, which the Plaintiffs have refuted. . … Binding precedent provides significant guidance concerning what type of action *363 qualifies as a “related to” case under title 11. In Celotex Corp. v.

Scott Allen Keffer

United States Bankruptcy Court, S.D. West Virginia · Apr 16, 2021

According to one court, “[b]ased on a plain reading of this phrase, it is a clearly higher standard than the mere ‘for cause’ standard set forth in . . . … The record did not establish that the debtor would be unable to confirm a Chapter 11 plan. Tibbens, 2021 WL 1087260 at *4-5.

In re: Jason Aaron Williamson

United States Bankruptcy Court, S.D. West Virginia · Sep 1, 2026

The Debtors, as the moving party, bear the burden to establish the grounds set forth in the Motions, and such grounds “must be clearly substantiated by adequate proof.” … established in a proper proceeding”).

James F. Humphreys & Associates, L.C. v. Horne (In re James F. Humphreys & Associates, L.C.)

558 B.R. 758 · United States Bankruptcy Court, S.D. West Virginia · Sep 26, 2016

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Wright v. N. … Conn. 1983), noting also that the cited decision observed under such circumstances “the automatic stay would clearly not extend to such non debt- or.”).

Shawn Derrick Stevens and Suzanne Marie Stevens

United States Bankruptcy Court, S.D. West Virginia · Jan 28, 2025

Turning to the meaning of “commercial or business activities,” the Court in Ikalowych aptly explained: [T]he words “commercial” and “business” are clearly synonyms. … The Debtors were engaged in negotiations with SMS Financial to establish a workout agreement prior to filing their bankruptcy petition, and they also had attempted to negotiate with United Bank to obtain a release of its

Blackjewel L.L.C. and Lone Mountain Processing, LLC

United States Bankruptcy Court, S.D. West Virginia · Aug 15, 2025

P. 3007(d) and establishing streamlined hearing procedures to efficiently resolve the Trust’s omnibus objections. ECF No. 3705. … fiduciary exception also has been applied in the context of ERISA enforcement actions: “‘where an ERISA trustee seeks an attorney’s advice on a matter of plan administration and where the advice clearly

Adkins v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Elliot v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Halstead v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.