Bankruptcy – Escrow – Chapter 7 
By Deborah Elkins
Published: November 11, 2010
Tags: Bankruptcy, Judge William F. Stone Jr., U.S. Bankruptcy Court
The Harrisonburg U.S. Bankruptcy Court denied both the debtor’s and the defendant’s competing motions for summary judgment in adversary proceeding because the rights of the competing parties in the escrow account balance which existed on the filing date are not so clear as to entitle any party to a judgment determining the ownership of such [...]
Bankruptcy – Chapter 11
By Deborah Elkins
Published: November 11, 2010
Tags: Bankruptcy, Judge William F. Stone Jr., U.S. Bankruptcy Court
The Harrisonburg U.S. Bankruptcy Court denies the motion of defendant to strike jury demand where a consent signed by counsel for both parties to a trial by jury had been docketed with the court and no specific response was made to the demand for a jury trial until the filing three days later of the [...]
Bankruptcy – Commercial
By Deborah Elkins
Published: November 11, 2010
Tags: Bankruptcy, Judge William F. Stone Jr., U.S. Bankruptcy Court
The Roanoke U.S. Bankruptcy Court, in an adversary proceeding concerning a pre-bankruptcy commercial lending relationship granted defendant’s motion to dismiss various causes of action but denied it with respect to a breach of contract claim and wrongful interference with a business expectancy. The Court concluded that the debtor stated a cause of action for breach [...]
Bankruptcy – Amended Proof of Claim
By Deborah Elkins
Published: November 11, 2010
Tags: Bankruptcy, Judge William F. Stone Jr., U.S. Bankruptcy Court
The Roanoke U.S. Bankruptcy Court granted a post-trial motion to allow an amended proof of claim in a Chapter 13 case where the court concluded that the only way it can be reasonably confident that an abuse of process will not occur is to open the process back up and permit full discovery so that [...]
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