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Monthly Archives: November 2007

Crime Commission tackles immigration (access required)

The Virginia State Crime Commission focused on the art of the possible last week in adopting most of the recommendations of a 22-member illegal immigration task force. The task force’s recommendations generally tried to strike a balance between protecting the ...

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Violation of regs was negligence per se (access required)

Norfolk federal judge has found that CSX Trans-portation Inc. was negligent per se in a head-on collision of two freight trains because a dispatcher violated federal safety regulations. The collision occurred at 3:15 a.m. on Sept. 22, 2005, near Franklin ...

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Scientific info, when used at sentencing, must be ?reliable' (access required)

Traditionally, Virginia judges who are sentencing a criminal defendant have been able to hear evidence that could not come in during the guilt phase of a trial. A new decision by the Supreme Court of Virginia says there is a ...

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JIRC becoming a regular litigant before high court (access required)

Six years elapsed between the creation of the Judicial Inquiry and Review Commission in 1971 and the removal of a judge for violating judicial ethics. It took another 30 years for the court to remove a second judge. As a ...

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Lawyers in the News (access required)

Singleton B. McAllister and Weldon J. Rougeau have joined the Washington, D.C., office of LeClairRyan as shareholders. McAllister and Rougeau will develop and lead the firm’s federal government relations practice. The practice will focus initially on the areas of municipal ...

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Bankruptcy – Plan Confirmation – Ch. 13 – 'Hanging Paragraph' – Surrendered Property (access required)

A bankruptcy court overrules two auto lenders’ objections to confirmation of two debtors’ respective Chapter 13 plans on the lenders’ argument that the “hanging paragraph” of amendment to 11 U.S.C. Sect. 1325 by the 2005 Bankruptcy Act prohibits the proposed ...

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Bankruptcy – Plan Confirmation – Ch. 13 – 'Hanging Paragraph' – Personal Use (access required)

A bankruptcy court denies confirmation of debtor’s proposed Chapter 13 plan, which proposes to bifurcate the claim of a finance company to debtor’s 2001 Chrysler van, an action not permitted under the “hanging paragraph” amendment in the Bankruptcy Abuse Prevention ...

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Bankruptcy – Plan Confirmation – Ch. 13 – 'Hanging Paragraph' (421679) (access required)

A bankruptcy court denies confirmation of debtor’s Chapter 13 plan, which proposes to bifurcate the claim of a bank with a purchase money security interest in debtor’s Chevy truck, which he bought for personal and family use but also used ...

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Bankruptcy – Plan Confirmation – Ch. 13 – 'Hanging Paragraph' (access required)

A bankruptcy court rejects a finance company’s objection to debtors’ Chapter 13 plan which the finance company says would “cram down” the secured portion of the company’s security interest in debtors’ 2005 Chrysler van to the present value of the ...

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Bankruptcy – Reaffirmation – Car Loans – Ch. 7 (access required)

A bankruptcy court declines to approve two agreements presented by debtors to reaffirm their car loans, finding that the agreements are not in debtors’ best interests under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005; because Sect. 521 ...

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