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Author Archives: Deborah Elkins

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

A magistrate judge for an Abingdon U.S. District Court recommends summary judgment for defendant regional jail authority in this discrimination suit filed by a female charge nurse who was terminated from her job at the jail. This case comes before ...

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Criminal – Drug Conspiracy – Witness Recantation – New Trial (access required)

In this drug conspiracy case involving 51 defendants, an Abingdon U.S. District Court denies a motion by two defendants for a new trial, based on their claim that prosecution witnesses have recanted their trial testimony. In this criminal case, after ...

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Criminal – Drug Conspiracy – Witness Recantation – New Trial (access required)

Two defendants convicted of a drug conspiracy that involved 51 defendants are denied a new trial based on their claim that three prosecution witnesses have recanted their testimony, in this decision from an Abingdon U.S. District Court. Defendants Anthony Eugene ...

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Environmental – FEIS – I-81 Corridor Study – Road Widening – Alternatives (access required)

Plaintiff environmental advocates lose their challenge to the Federal Highway Administration’s 2007 issuance of a Tier 1 record of Decision for the Final Environmental Impact Statement on the I-81 Corridor Improvement Study, and to the FHWA’s decision to invoke a ...

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