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Tag Archives: Judge Samuel G. Wilson

Bankruptcy – Abusive Filing – Means Testing – Interlocutory Appeal (access required)

A Roanoke U.S. District Court cannot review a bankruptcy court’s order that the means testing for abusive filings does not apply to petitions filed as Chapter 13 and converted to Chapter 7; because the order is interlocutory, the appeal is ...

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Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

A Harrisonburg U.S. District Court determines sua sponte that it lacks diversity jurisdiction in this fraud and contract case against a tanning salon franchiser because a federal court cannot exercise jurisdiction over a case that becomes removable due to the ...

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Criminal – Sentence Reduction – Plea – Specific Performance (access required)

Although defendant contends his extra assistance to the government warrants an additional motion under Fed. R. Crim. P. 35(b) for a further sentence reduction, a Harrisonburg U.S. District Court says defendant violated the terms of his plea agreement by appealing ...

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Bankruptcy – Abusive Filing – Means Testing – Interlocutory Appeal (access required)

A Roanoke U.S. District Court cannot review a bankruptcy court’s order that the means testing for abusive filings does not apply to petitions filed as Chapter 13 and converted to Chapter 7; because the order is interlocutory, the appeal is ...

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Consumer Protection – FDCPA – Arbitration Award – Jurisdictional Amount (access required)

A Harrisonburg U.S. District Court upholds an arbitration award in this case alleging violation of the Fair Debt Collection Practices Act and Virginia state law, awarding defendant loan company $2,560 in damages, $4,725 in attorney’s fees and $479 in costs; ...

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Consumer Protection – FDCPA – Auto Loan – Repossession (access required)

A finance company wins summary judgment on an FDCPA claim filed by a woman who says she received harassing phone calls about her husband’s auto loan, because the finance company was attempting to collect its own debt, not acting as ...

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Consumer Protection – Credit Report – Slow Notice – Proposed Settlement (access required)

Bank of America says it just wants to buy peace from future Fair Credit Reporting Act lawsuits filed by consumer advocates, but a Harrisonburg U.S. District Court says a nearly $10M proposed settlement is “fundamentally flawed” because it purports to ...

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Civil Rights – Warrantless Home Entry – Search For Teen – Qualified Immunity (access required)

On remand from the 4th Circuit decision granting qualified immunity to a police officer who entered a darkened home to investigate suspicious circumstances attendant to a neighbor’s report, accompanied by a man searching for his minor stepdaughter, a Roanoke U.S. ...

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