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Author Archives: Virginia Lawyers Weekly

Bankruptcy – Trustee's Ex Parte Communication – Confirmation Order Circulation (access required)

Although the district court initially agreed with counsel for the creditor bank that the U.S. trustee’s submission of a proposed confirmation order to the bankruptcy court without sending copies to opposing counsel constituted impermissible ex parte communications, on rehearing, the ...

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Bankruptcy – IRS Administrative Claim – Payroll Taxes (access required)

Where the trustee failed to timely provide the Internal Revenue Service with information regarding the closing of 100 of debtor’s 118 stores, and the resulting reduction in gross wages paid to employees, the court concludes that the delay and contentiousness ...

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Criminal – Transcript Request – Extra-Trial Proceedings (access required)

Where defendant has requested transcripts of proceedings other than testimony at his trial, namely all pretrial, post-trial and other subsidiary proceedings, the court grants the request as to transcripts of the opening statements of the counsel for defendant and counsel ...

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Contract – Government Contract – Miller Act – Deck Cover Installation – Ship Repair (access required)

Where the complaint alleges plaintiff contractor had a contract with defendant shipyard to repair several ships and to install deck coverings on three different ships, the nature of these contracts brings them under Miller Act jurisdiction. Defendant asserts that repair ...

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Administrative – Social Security – Child's Insurance Benefits (access required)

Although decedent wage earner was contributing to plaintiff infant’s support prior to his death, decedent made no contributions towards the child’s support for at least a year prior to his death, and the child cannot qualify for social security benefits ...

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Bankruptcy – Automatic Stay – Foreclosure – Claim Of Forced Eviction (access required)

Where debtors filed a Chapter 7 petition, but after their bankruptcy case was closed and on the eve of foreclosure on their house, debtors stayed the foreclosure, claiming that the lender had conspired with the county to force them from ...

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