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Author Archives: Virginia Lawyers Weekly

Landlord/Tenant – Constructive Eviction – Threat Of Litigation (access required)

Where the Alcoholic Beverage Control Board closed its ABC store in one location, and assigned the lease to a third party, which the landlord claimed was not permissible under the lease, the letter sent by the landlord’s lawyer threatening legal ...

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Bankruptcy – Timeliness – Late Schedules & Exemptions (access required)

Where debtors filed their chapter 7 petition in order to stay litigation by the bank, their largest secured creditor, but they failed to timely file certain schedules and exemptions, the court sustains the objections of the trustee and the bank ...

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Bankruptcy – IRA Account – Poor Debtor's Exemption (access required)

Where debtor, after her termination from the bank, rolled over her interest in a stock and thrift plan at the bank into her own individual retirement account, there is no restriction on transfer enforceable under ERISA, Va. Code § 55-19, ...

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Bankruptcy – Dischargeability – Fraud – False Oath – Schedule Of Property – Magnum Car (access required)

Where debtor, the president and a shareholder of Magnum Motorcar Company, sold certain property of the estate after filing his chapter 7 petition, including a “plug” used for forming fiberglass car frames, a chassis, design drawings, a bill of materials ...

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Bankruptcy – Late Notice Of Appeal – Excusable Neglect – Non-Receipt Of Order (access required)

Although debtor contends he never received a copy of the final order entered in this action concerning dischargeability of an obligation to pay his children’ college expenses, and debtor also contends he telephoned the clerk’s office several times to inquire ...

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Bankruptcy – Plan Confirmation – Cure Of Secured Claim Default – Debtor's Principal Residence (access required)

Where debtor’s proposed chapter 13 plan attempts to reorganize his home mortgage debt following discharge of his unsecured debts in a chapter 7 proceeding, confirmation of the plan is denied because it understates the amount of the creditor’s claim and ...

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