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Tag Archives: Bankruptcy

Lender cannot force debtor’s usury claims into arbitration (access required)

Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

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Trustee’s interpretation of settlement agreement affirmed (access required)

Where a settlement agreement was clear and unambiguous and not reasonably susceptible to the interpretation urged by one of the parties, the bankruptcy court’s decision, which adopted the interpretation urged by the trustee, was affirmed. Background This case concerns the ...

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Farmer’s petition dismissed after multiple unsuccessful plans (access required)

Where a farmer’s four reorganization plans included unreliable and inaccurate projections will not have an opportunity to submit a fifth plan. Background Dale W. Akers’ filed a voluntary petition under Chapter 12 on May 3, 2017. His  farming operations include ...

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