MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . On November 17, 2016, Corwin Place LLC (the "Debtor") filed a motion to disqualify the law firm representing Premier Bank's ("Premier"), its principal creditor. Premier filed a response in opposition to the Debtor's motion and the court conducted a hearing on the matter on November 30, 2016. At the hearing, the court requested supplemental briefing regarding the standards federal courts employ in addressing motions...
MEMORANDUM OPINION & ORDER PATRICK M. FLATLEY , Bankruptcy Judge . In advance of trial on November 7, 2016, Morgantown Excavators, Inc., and Shirley E. Godfrey (collectively, the "Plaintiffs") filed three motions in limine: (1) to specifically allow evidence on alternative theories of damages under West Virginia Uniform Commercial Code 46-9-625(b) and 46-9-626(a); (2) to prohibit the use of the so-called "forbearance defense" that might be used to exclude certain evidence at trial, and...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . Walter Flint (the "Debtor") filed this adversary proceeding against the West Virginia State Tax Department ("WV Tax") alleging violations of the Bankruptcy Code's discharge injunction set forth in 11 U.S.C. 524(a)(2) and seeking damages stemming from that alleged violation. The Defendant seeks summary judgment in its favor because it asserts that the Plaintiff failed to satisfy his burden by clear and convincing...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Thomas Fluharty, the Chapter 7 Trustee administering the Bankruptcy estate of D&R Distributors (the "Debtor") seeks to compromise a claim against the estate filed by Domenick Marrara ("Domenick"). Creditors Rocco Marrara ("Rocco") 1 and Mary Lou Marrara 2 (together the "Objecting Creditors") object to the motion to compromise based upon the settlement not being in bankruptcy the estate's best interest. The court held a...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . On June 14, 2016 Shirley E. Godfrey, Morgantown Excavators, Inc. ("MEI"), and their respective Chapter 7 bankruptcy estates (collectively, the "Plaintiffs"), filed their complaint against The Huntington National Bank ("HNB") and Myron Bowling Auctioneers, Inc. ("Myron Bowling"), alleging multiple violations of the West Virginia Uniform Commercial Code (U.C.C.) and other applicable state law based on HNB's sale of MEI'...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . On November 20, 2015, the court granted leave to Mooring Capital Fund, LLC (the "Plaintiff"), to file its first amended complaint. Neil and Judy Sullivan now seek the dismissal of Counts III-VI of the first amended complaint based upon the Plaintiff's alleged failure to state a cause of action upon which relief can be granted. The Plaintiff contends that the court must deny the Sullivans' motion to dismiss because it...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Clifford Zucker, in his capacity as Debtor Representative and Liquidating Trustee (the "Liquidating Trustee"), and UMB Bank, N.A., in its capacity as successor trustee with respect to the 2007 bonds (collectively, with the Liquidating Trustee, the "Plaintiffs") seek summary judgment on Counts I and II raised in its First Amended Complaint ("Complaint") against Marion County Commission (the "Defendant"). Specifically, the...
MEMORANDUM OPINION Patrick M. Flatley , United Stated Bankruptcy Judge . Clifford Zucker, in his capacity as Debtor Representative and Liquidating Trustee (the "Liquidating Trustee"), and UMB Bank, N.A., in its capacity as successor trustee with respect to the 2007 bonds (collectively, with the Liquidating Trustee, the "Plaintiffs") seek summary judgment on Counts I and II raised in its First Amended Complaint ("Complaint") against Marion County Commission (the "Defendant")....
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . On February 16, 2015, Joseph D'Amico (the "Debtor") initiated this adversary proceeding under 362(k) of the Bankruptcy Code (the "Code") alleging that the Department of Treasury, Bureau of Fiscal Service ("Treasury") and the United States Postal Service ("USPS") (collectively, the "Defendants") wilfully violated the automatic stay that arose in his Chapter 7 bankruptcy case under 362(a) of the Code. Both the Debtor and the...
MEMORANDUM OPINION PATRICK M. FLATLEY , Bankruptcy Judge . Craig Duet (the "Defendant") seeks summary judgment regarding the fraudulent and preferential transfer claims asserted against him by Thomas H. Fluharty, the Chapter 7 trustee (the "Trustee") of the bankruptcy estate of Summit III, LLC (the "Debtor"). He asserts that summary judgment is appropriate because the payments he received from the Debtor do not qualify as fraudulent or preferential transfers under 544, 547, or 548 of...
