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Monthly Archives: September 2008

Bankruptcy – Dischargeability Of Debt – Mistaken Payment (access required)

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 ...

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VSB Disciplinary Actions (access required)

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 ...

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Bankruptcy – Airline Debtor – Retiree Benefits – Pilot Claim (access required)

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 ...

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Bankruptcy – Late Claim – Plan Payment Completion – Vehicle Sale (access required)

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 ...

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Bankruptcy – Proof Of Claims – Related Cases (access required)

An Alexandria U.S. Bankruptcy Court will allow 13 claims filed by Riverside Claims LLC after the claims bar date, totaling $196,589, as amendments to claims that were timely filed in the related case of debtor furniture company’s parent holding company. ...

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Bankruptcy – Plan Confirmation – Creditor Payments – Means Test (access required)

An Alexandria U.S. Bankruptcy Court denies confirmation of a Chapter 13 plan that proposes to pay unsecured creditors only 49 cents on the dollar, for payments to the trustee of only $1,774 per month from debtors’ monthly income of $3,132. ...

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Bankruptcy – Plan Confirmation – Disposable Income – ‘Hanging Paragraph’ (access required)

An Alexandria U.S. Bankruptcy Court says a Chapter 13 debtor’s plan passes muster under the Bankruptcy Code’s test for use of disposable income, but it founders on debtor’s attempt to bifurcate a credit union’s claim, and confirmation is denied. Both ...

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Bankruptcy – Debtor Airline – Warranty Claims – Trust (access required)

In this airline bankruptcy case, an Alexandria U.S. Bankruptcy Court finds that the liquidating trust has carried its burden of proving debtor’s entitlement to the disputed invoices, except for the 13 for which there is sufficient evidence of shipment and ...

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Bankruptcy – ‘False Claims’ – Sanctions – FDCPA – Limitations (access required)

A Norfolk U.S. Bankruptcy Court says it has authority under §105 of the Bankruptcy Code to sanction a creditor for filing false or fraudulent claims, but the claims at issue here were fraudulent because they were not extinguished by expiration ...

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