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Tag Archives: Bankruptcy

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

The Eastern District’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 bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that Debtor-Appellant Sarah No had ...

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4th Cir.: La. exemption law can apply to W.V. property (access required)

Debtors who moved from Louisiana to West Virginia could apply Louisiana bankruptcy exemptions to property located in West Virginia, because federal law allowed the debtors to choose a state exemption scheme, and Louisiana law is not limited to in-state property. ...

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Bankr.: Company, attorneys sanctioned for bankruptcy scam (access required)

This case involves yet another collision between traditional methods of providing – and policing – legal services to consumers for bankruptcy matters and attempts by attorneys and creative online marketers to tap into that market on a high-volume, multi-jurisdictional basis. ...

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