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Author Archives: Virginia Lawyers Weekly

Bankruptcy – Plan Confirmation – Unsecured Debts – Threshold Amount (access required)

Where plaintiff floor planner advanced funds for a number of vehicles sold out-of-trust by debtor, who owned a car dealership, the value of those cars cannot be included in the amount for the jurisdictional threshold for chapter 13 under § ...

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Bankruptcy – Relief From Stay – Conversion From Ch. 13 To Ch. 7 (access required)

Where debtor has converted a case from Chapter 13 to Chapter 7, the creditor need not file for another motions for relief from the automatic stay provisions. The creditor argues that the order granting relief in the chapter 13 case, ...

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Bankruptcy – Creditor's Post-Discharge Action – Exempt Property (access required)

Where debtor obtained a chapter 7 discharge which included his secured debt to a loan company for stereo and exercise equipment and a lawnmower, property which debtor had claimed exempt pursuant to § 522(b) and Va. Code § 34-4, but ...

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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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