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Author Archives: Virginia Lawyers Weekly

Attorneys/Ethics – Counsel Disqualification – Prior Representation (access required)

Although the law firm which currently represents debtor also represented both debtor and defendant, debtor’s ex-wife, in submitting a land development application to a county planning commission regarding the farm the parties owned and which is also the subject of ...

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Bankruptcy – Lien Avoidance – Homestead Exemption – Impairment (access required)

Where the bank recorded a judgment lien of over $100,000 on the chapter 7 debtors’ principal residence, which had a fair market value of $50,000 on the date debtors’ case was converted to chapter 7, and there also is a ...

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Bankruptcy – Turnover Of Property – Debtor's Bank Account (access required)

Where debtor construction company, at the time it filed its chapter 11 petition, held a bank account with a deposit of $38,907, which represented a construction draw check received by debtor for its third payment request under a construction contract, ...

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Bankruptcy – Vehicle Sale – Exempt Proceeds (access required)

Where the chapter 7 debtor filed an amended schedule C claiming a $2,000 exemption on a 1988 Jeep Cherokee, and on his schedule D, he listed his father-in-law as a secured creditor and mother-in-law as an unsecured creditor on the ...

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Bankruptcy – Plan Confirmation – Cram Down (access required)

Where debtor’s amended plan of reorganization does not provide for fair and equitable treatment of the claim of the creditor who has a deed of trust on debtor’s sole asset, an apartment complex, and a security interest in all revenues, ...

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Bankruptcy – Trustee Attorney's Fees – IRS Claim (access required)

Although the chapter 7 trustee argues that the Internal Revenue Service was “not substantially justified” in filing a proof of claim in this case in the amount of $202,878.92, when ultimately only $5,187 of its claim was allowed, the trustee ...

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Bankruptcy – Debtor's Assumption Of Lease – Curing Defaults – Changing Terms (access required)

Where debtor, an aircraft leasing company, proposed to assume its lease with a trucking association on which debtor already had defaulted by failing to provide planes when needed, and the proposed lease assumption required the lessee to essentially finance debtor’s ...

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