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Tag Archives: Bankruptcy

Foreign bidder subject to personal jurisdiction (access required)

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

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Ex-husband gets homestead exemption in real estate proceeds (access required)

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

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Debtor did not show student debt constituted “undue hardship” (access required)

A woman seeking to discharge her student loans failed to provide evidence that repayment of her debt would cause an “undue hardship.” Background On Nov. 13, 2011, Wanda Lipscomb Menefee and her husband, Frank Hoehl Menefee, Jr., filed a voluntary ...

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Debtor’s ‘slovenly’ habits exempted debt from discharge (access required)

A tenant with “slovenly living habits” who knowingly, deliberately and intentionally caused damage to his landlord’s property was not entitled to discharge the majority portion of debt caused by his conduct. Background In Aug. 2013, the debtors signed a one-year ...

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Bankr: Award reduced for excessive billing, duplicative suits (access required)

A bankruptcy court awarded some fees incurred to recover the debtor’s wrongly garnished wages, but said that counsel should have resolved the issue in the bankruptcy proceeding rather than filing two additional adversary suits. Further, especially in light of quarter-hour ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

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