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Author Archives: Deborah Elkins

Criminal – B&E – Grand Larceny – Sufficiency (access required)

Although defendant and his companion were discovered in a car with a bag of catalytic converters, in an area where two car lots had seen a rash of thefts of catalytic converters, the Court of Appeals reverses defendant’s convictions for ...

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Criminal – Felony Petit Larceny – Bifurcated Trial Motion (access required)

A trial court did not err in denying defendant’s motion to bifurcate the guilt phase of his trial for felony petit larceny so the jury would not be aware of his prior larceny convictions until it determined whether he was ...

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Administrative – Sex Abuse – ‘Unfounded Disposition’ (access required)

The Court of Appeals reverses a circuit court decision that ordered the Department of Social Services to change a “founded disposition” in this sexual abuse case to “unfounded,” in this matter in which a 12-year-old girl alleged she was sexually ...

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Bankruptcy – Retailer Debtor – Employee Claims (access required)

In the Circuit City bankruptcy case, a Richmond U.S. District Court says 27 former employees who say they are entitled to payment for unused paid time off upon termination of employment are entitled to a priority claim. Debtors’ evidence established ...

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Bankruptcy – Administrative Claims – ‘Goods’ – UCC Definition (access required)

In the Circuit City bankruptcy case, a Richmond U.S. District Court holds that the UCC definition of “goods” will be used to interpret 11 U.S.C. § 503(b)(9), and that the “predominant purpose test” will be used to determine whether a ...

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Bankruptcy – Attorney’s Fees – Ch. 13 – Standing Order (access required)

Pursuant to the court’s Standing Order 08-1 governing attorney fee applications, a Richmond U.S. Bankruptcy Court reviews a law firm’s application for supplemental fees and awards additional fees in these four consolidated cases, in excess of the standard $3,000 fee. ...

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Bankruptcy – Confirmed Plan – Material Default – Property Sale (access required)

An Alexandria U.S. District Court denies the standing chapter 13 trustee’s motion to dismiss debtor’s case for material default with respect to a confirmed plan, conditioned upon sale of the property contemplated by the plan occurring before Jan. 30, 2010. ...

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Bankruptcy – Dischargeability Of Debt – Ch. 7 (access required)

An Alexandria U.S. Bankruptcy Court declines to reconsider its ruling after trial granting judgment for defendant debtor in plaintiff’s action objecting to debtor’s discharge and seeking a determination that plaintiff’s claim for money paid under a contract for deed is ...

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Bankruptcy – Proof Of Claim – Tolling Time Limit – Ch. 13 (access required)

The Internal Revenue Service asserts it did not receive proper notice to file a timely proof of claim, and an Alexandria U.S. Bankruptcy Court refuses to toll the claim bar date but will allow the chapter 13 trustee to withdraw ...

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Employment Discrimination – Title VII – Sex – Age – Jail Employees (access required)

Although the female former jail employee has shown that a “reasonable person” could find her harassment by defendant was “severe and pervasive,” she has not shown that the offending behavior had any impact on her personally, and a magistrate judge ...

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