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Author Archives: Virginia Lawyers Weekly

Bankruptcy – Dischargeability – Monetary Judgment (access required)

Where the bankruptcy court already has determined that a debt resulting from debtor’s conversion of a stolen Mack truck is exempt from discharge, the court concludes that the amount of damages excepted from discharge is $11,620.47, and the court enters ...

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Bankruptcy – Dischargeability – Stock Sale – Fraud (access required)

Although the State Corporation Commission found that in each of five sales of stock in debtors’ corporation, debtor failed to register his shares pursuant to § 13.1-507 of the Virginia Securities Act, and debtor was fined for that violation, a ...

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Bankruptcy – Dischargeability – Misrepresentations – Fraudulent Intent (access required)

Although the creditor, Western Union, claims that debtor, who managed a door-to-door directs sales business and paid sales representatives through Western Union wire transfers, abused its commercial money transfer account by treating it as a line of credit, with regard ...

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Bankruptcy – Preferential Transfer – Newspaper Ads (access required)

Where debtor, a department store, during the 90 days preceding the filing of its bankruptcy petition, made four transfers to a newspaper in payment of antecedent debts owed for the publication of advertisements, those payments are avoidable transfers. All four ...

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Bankruptcy – Installment Payments – Non-Compete Agreement – Abandonment (access required)

Where the chapter 7 debtor is receiving post-petition installment payments under a pre-petition non-compete agreement, the court concludes that these payments constitute property of debtor’s chapter 7 estate and are not excluded as “earnings from services performed.” Debtor’s motion to ...

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Bankruptcy – Environmental – Cleanup Costs – Administrative Expense (access required)

Where plaintiff bank has incurred certain costs for conducting an environmental cleanup on its property used by debtor, these costs can be given administrative expenses priority under 11 U.S.C. § 503(b)(1)(A). The issues before the court center on the environmental ...

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Bankruptcy – Automatic Stay – Debtor's Partnership Interest (access required)

Where debtors are general partners in a non-debtor partnership, the automatic stay does not extend to debtor’s interest in real property owned by the non-debtor partnership. Debtors’ argument centers on Va. Code § 50-24(1) which states that a partner has ...

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