Lawyers in the News
By Sarah Rodriguez
Published: December 1, 2008
Two attorneys have joined the law firm of Sands, Anderson, Marks & Miller.
Tania M. L. Saylor has joined the business and professional litigation practice team in the firm’s McLean office. Saylor focuses her practice on commercial and tort litigation, and on professional liability including malpractice defense. She previously practiced with Wilson Elser Moskowitz [...]
Bankruptcy – Social Security – Setoff Recovery – Tax Refund 
By Deborah Elkins
Published: December 1, 2008
A Roanoke U.S. Bankruptcy Court denies debtors’ request for recovery of a setoff by the U.S. Social Security Administration of debtors’ 2006 federal tax refund against money debtors owed SSA for overpayment of benefits from 2005 until 2004.
Debtors assert their right to step into the trustee’s position under 11 U.S.C. § 547 and 11 U.S.C. [...]
Caroline County opens I-95 visitors center
By News in Brief
Published: December 1, 2008
BOWLING GREEN—Caroline County officials have opened a $2.6 million visitors center off Interstate 95.
Visitors who stop into the 7,000-square-foot building off Exit 104 will learn that the county is the birthplace of renowned racehorse Secretariat, the site of the discovery of a prehistoric whale skeleton and the place where presidential assassin John Wilkes Booth was [...]
Kaine to consider correction to Va. Tech shootings report
By News in Brief
Published: December 1, 2008
Gov. Timothy M. Kaine says he will consider making corrections to the report issued by the panel that investigated the Virginia Tech mass shootings after meeting with victims and family members over the weekend.
Kaine said the private meetings made him realize how important it was to them for the report to be factually correct. [...]
Bankruptcy – Plan Confirmation – Ch. 13 – Vehicle Surrender
By Deborah Elkins
Published: December 1, 2008
A debtor’s payments to the Chapter 13 trustee on the 2000 Lincoln LS that she originally intended to retain and the trustee should forward those payments to the dealer for whom the vehicle is collateral before the plan can be confirmed, a Lynchburg U.S. Bankruptcy Court holds.
The issue before the court is whether a Chapter [...]
V-DOT will study U.S. 29
By News in Brief
Published: December 1, 2008
LYNCHBURG—Virginia transportation officials are planning a big-picture study of U.S. 29 from the North Carolina border to Gainesville.
Virginia Department of Transportation officials discussed the study last month with Lynchburg business and government officials. The study’s leader, Charles Rasnick, said the goals are to keep the road safe and preserve it as an economic lifeline for [...]
Bankruptcy – Ch. 7 – Abuse – Means Test
By Deborah Elkins
Published: December 1, 2008
A Lynchburg U.S. Bankruptcy Court denies the U.S. Trustee’s motion to dismiss debtor’s case as an abuse of Chapter 7.
Section 707(b)(1) provides that a court may dismiss an individual case under chapter 7 if the debts are primarily consumer and it would be an abuse of Chapter 7 to grant relief to the debtor. Here, [...]
Bankruptcy – Debt Discharge – Student Loan – Mental Illness
By Deborah Elkins
Published: December 1, 2008
With further fact-finding as directed by the district court, this Harrisonburg U.S. Bankruptcy Court holds that debtor, who suffers from paranoid schizophrenia and HIV, failed to establish a history of regular payments of his student loans and cannot demonstrate that his illnesses prevented him from making further payments after 2001, and debtor fails to qualify [...]
Wise County mine is fined $210K for accident
By News in Brief
Published: December 1, 2008
ARLINGTON—The Mine Safety and Health Administration has fined a Wise County mine and a trucking company $210,000 in a July accident that permanently disabled a driver.
MSHA fined Bresee Trucking $165,000 and Guest Mountain Mining Corp. $45,000 for failing to properly train the driver and for faulty equipment on the truck. The companies can fight the [...]
Employment Discrimination – Race – Title VII – Garbageman
By Deborah Elkins
Published: December 1, 2008
An African-American garbageman has alleged sufficient material facts related to his hostile environment claim based on a white truck driver’s calling him a “n–” and refusing to work with him, according to a Roanoke U.S. District Court.
Defendants do not challenge that the harassment was unwelcome and based on race. The court finds that genuine issues [...]
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