Bankruptcy – Reaffirmation Agreement – Deficiencies 
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court rejects debtor’s two proffered reaffirmation agreements for failure to comply with 11 U.S.C. § 524(c); Part D, which determines whether the presumption of undue hardship arises, is not completed.
In re Aranibar (Mayer, J.) no. 08-11294, June 25, 2008; USBC at Alexandria, Va. VLW 008-4-026, 2 pp.
Suit to leave Assembly for job with Williams Mullen
By News in Brief
Published: September 15, 2008
Del. Terrie Suit announced last week that she is leaving the House of Delegates after nine years to join a major regional lobbying firm.
Suit, a Republican elected in 1999 from her district in Virginia Beach, announced her departure from the General Assembly in an e-mail to her 81st District constituents.
She will become director of government [...]
Bankruptcy – Reaffirmation Agreement – Deficiencies
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court cannot accept debtor’s proposed reaffirmation agreement with Toyota because debtor’s counsel has failed to make certain certifications required for acceptance of the agreement.
Section 524(c)(3) of the Bankruptcy Code requires that debtor’s counsel make certain certifications before a reaffirmation agreement is effective. Counsel failed to execute Part C of the reaffirmation [...]
LeClairRyan opens an office in Connecticut
By News in Brief
Published: September 15, 2008
LeClairRyan announced last week the opening of an office in New Haven, Conn., with attorneys and staff members from the firm of Tyler Cooper.
The office represents a further expansion into the Northeast that began with a four-lawyer office in New York City in October 2006, followed by a Boston office in July 2007 and the [...]
Bankruptcy – Financial Course – Completion Certificate – Motion To Reopen
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court lays down the law on motions to reopen bankruptcy cases to belatedly file a certificate of debtor’s completion of the now-required credit counseling: debtor must have a reasonable explanation for prior failure to comply
This case is one of nine cases on the court’s May 13, 2008 docket in which debtor [...]
Bankruptcy – Claim Objection – Res Judicata
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court grants summary judgment to a creditor asserting over $30,000 in judgment claims against debtor, a real estate investor, and says res judicata bars debtor from again asserting that the creditor won in a prior lawsuit by offering to share her winnings with her expert witness.
Debtor is an economist who has [...]
Bankruptcy – Dischargeability Of Debt – Mistaken Payment
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court says a settlement company that alleges it belatedly discovered it paid debtor twice for sale of her real property, for an overpayment of nearly $30,000, does not need leave of court to file a complaint to determine dischargeability of the debt, and the creditor may proceed under 11 U.S.C. § [...]
VSB Disciplinary Actions
By Virginia Lawyers Weekly
Published: September 15, 2008
On Aug. 29, the Virginia State Bar Disciplinary Board suspended the law license of Marshall T. Bohannon Jr. of Norfolk on impairment grounds.
* * *
On Aug. 29, the VSB Disciplinary Board summarily suspended the law license of Eva L. Stephenson Plum of Craigsville.
According to the VSB, Plum was found guilty on June 7 in [...]
Bankruptcy – Airline Debtor – Retiree Benefits – Pilot Claim
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court rejects a retired pilot’s claim for certain retiree benefits from debtor US Airways Inc.; the court agrees with the reorganized airline debtors that this claim for benefits other than pension payments must be denied.
Claimant is a former pilot whose grievance against Piedmont Airlines Inc. for wrongful termination of employment was [...]
Bankruptcy – Late Claim – Plan Payment Completion – Vehicle Sale
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court rejects a creditor’s claim for a deficiency, filed after the creditor was granted relief from the automatic stay in order to liquidate collateral by selling debtor’s car, because the creditor filed its unsecured claim not only after the claims bar date, but after completion of the plan payments, and because [...]
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