Legal Opinion

In Re Hoskins

United States Bankruptcy Court, N.D. West Virginia

Decided March 16, 2009No. 08-565PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

In 1998, Mr. Kungle constructed, for himself, a cabin on 15 acres of real property belonging to Larry and Pamela Hoskins (the “Debtors”). In 2004, after a dispute regarding Mr. Kungle’s use of their land, the Debtors prohibited Mr. Kungle from accessing the cabin. Mr. Kungle now claims that the Debtors owe him $98,348 for the cabin, and he filed an unsecured proof of claim in the Debtors’ Chapter 13 bankruptcy case in that amount. The Debtors object to the proof of claim arguing that they owe Mr. Kungle nothing, or, in the alternative,…

2Cases cited11 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  3. In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
  4. Kelly v. Rainelle Coal Co.West Virginia Supreme Court · 1951
  5. Hall v. White, Getgey, Meyer Co.Court of Appeals for the Fifth Circuit · 2006

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3Cited by4 opinions

  1. In Re HockenberryUnited States Bankruptcy Court, S.D. Ohio · 2011
  2. In Re SmithUnited States Bankruptcy Court, E.D. North Carolina · 2010
  3. In re EngleUnited States Bankruptcy Court, S.D. Ohio · 2013
  4. Kevin MellyUnited States Bankruptcy Court, D. New Jersey · 2020

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