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Perry Discharge Revocation Complaint Survives Motion to Dismiss

The United States Bankruptcy Court for the Northern District of West Virginia denied Curtis F. Perry's motion to dismiss the United States Trustee's complaint seeking revocation of his Chapter 7 discharge under 11 U.S.C. § 727(d)(1). The court rejected Perry's argument that the complaint was untimely, finding that the Trustee filed the complaint within one year of discovering evidence of possible fraudulent conduct after the discharge entry. The adversary proceeding continues in Case No. 3:25-ap-00020.

Beaumier v. Raley - Summary Judgment Denied, Chapter 7

The U.S. Bankruptcy Court for the Northern District of West Virginia denied the motion for summary judgment filed by Donald G. Beaumier, Jr., and Arielle S. Beaumier and instead granted summary judgment in favor of defendant Kathi Raley. The court found no genuine dispute of material fact regarding the plaintiffs' claims of alleged willful violation of the automatic stay under 11 U.S.C. § 362(a) and (k) and alleged violation of the discharge injunction under 11 U.S.C. § 524. The defendant had obtained a pre-petition default judgment of $853,353.38 plus interest against the plaintiffs in Arizona and had recorded it before the bankruptcy filing. The plaintiffs alleged the defendant maintained a hold on lease proceeds from Antero Resources Corporation.

Motion to Dismiss Granted in Part, Counts Held Abeyance

On November 21, 2025, the United States Bankruptcy Court for the Northern District of West Virginia granted in part Curtis F. Perry's Motion to Dismiss under Fed. R. Civ. P. 12(b)(6), dismissing certain claims in the Chapter 7 Trustee's Amended Complaint while holding remaining counts in abeyance pending resolution of a related adversary proceeding regarding revocation of Mr. Perry's discharge. The court found that Mr. Perry is not a transferee of an alleged preferential or fraudulent transfer under 11 U.S.C. § 550(a) and that the civil conspiracy and fraud claims are barred by the discharge injunction.