Getting businesses to file their Chapter 11 cases closer to home seems like a good idea, which is why some bankruptcy attorneys elsewhere in the country are hoping Congress enacts bipartisan legislation intended to cut down on forum-shopping. But bankruptcy ...

Tagged with: Bankruptcy

The United States Bankruptcy Court for the Eastern District of Virginia will implement a randomized judge assignment protocol for mega chapter 11 bankruptcy cases next year, according to a Nov. 30 standing order from the court. The order states that ...

Tagged with: Bankruptcy Judge Frank J. Santoro U.S. Bankruptcy Court U.S. District Court - Eastern District

Where a Virginia Code exemption for equipment used in the householder’s “occupation or trade” did not include language restricting the exemption to a debtor’s principal occupation or trade, a part-time farmer could exempt farming equipment. Background Trevor G. Ross and ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

Where the trustee sought to set aside an alleged fraudulent transfer of real property, but the property didn’t belong to the debtors and was instead held by an LLC in which they had an interest, the fraudulent conveyance and transfer ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

Where the debtor inflated his expenses to hide disposable income, and the record showed a pattern of making unsubstantiated expense claims, the court concluded that he filed his three Chapter 13 plans in an effort to unreasonably delay and thwart ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the bankruptcy trustee for the defunct law firm LeClairRyan sought to avoid and recover transfers made to Gary LeClair, one of the firm’s founders, her claims may proceed because the transfers were allegedly made to hinder, delay or defraud ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where the husband of the debtor would otherwise have to wait until the conclusion of the bankruptcy before a state court could equitably distribute marital property as part of a divorce, a relief from the automatic stay was granted. Background ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Where the debtor showed he could not repay his student loan debt and maintain a “minimal” standard of living, that these circumstances were likely to persist and that he had made a good faith effort to secure employment and communicate ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

Where three debtors appealed the dismissal of their cases, the bankruptcy court did not abuse its discretion in finding the first debtor did not file in good faith; that the second did not comply with a court-directed payment process, thus ...

Tagged with: Bankruptcy Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where an accountant formed a new company after he filed for bankruptcy protection, and then transferred assets from his prior company to his new practice, the bankruptcy court did not err in finding that the transferred assets were the property ...

Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District