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United States Bankruptcy Court, N.D. West Virginia

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IN RE WARNER, 480 B.R. 641 (2012)
United States Bankruptcy Court, N.D. West Virginia Filed:WV Sep. 27, 2012 Citations: 480 B.R. 641, 1:10-bk-888, 1:12-ap-35.

MEMORANDUM OPINION PATRICK M. FLATLEY, Bankruptcy Judge. Martin P. Sheehan, the Chapter 7 trustee (the "Trustee") for the bankruptcy estate of Benjamin F. Warner (the "Debtor"), requests entry of summary judgment on his adversary complaint against George B. Warner, Sr., Karl K. Warner, Elizabeth A. Warner, Kristian E. Warner, Sr., Andrew M. Warner, and Monroe P. Warner ("Defendants"). The Trustee seeks a declaration that McCoy Farm, LLC, ("McCoy Farm") is dissolved pursuant to its operating...

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IN RE SQUARE AT FALLING RUN, LLC, 472 B.R. 337 (2012)
United States Bankruptcy Court, N.D. West Virginia Filed:WV Apr. 30, 2012 Citations: 472 B.R. 337, 11-bk-753.

MEMORANDUM OPINION PATRICK M. FLATLEY, Bankruptcy Judge. First United Bank & Trust ("First United") seeks entry of an involuntary order for relief against The Square at Falling Run, LLC ("The Square"), under Chapter 7 of the Bankruptcy Code. 1 The Square contends that, among other things, First United filed the involuntary petition in bad faith and that this is only a two-party dispute such that an involuntary order for relief should not be entered. Based upon the evidence and arguments...

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