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 ...

Tagged with: Bankruptcy Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a debtor brought an action alleging that a creditor’s proofs of claim violate the Fair Debt Collection Practices Act and the Bankruptcy Rules, the claim will be heard by the court, and a motion to compel arbitration is denied. ...

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

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 ...

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

Trustees who alleged fraudulent transfer of assets were found to lack standing because the Bankruptcy Code does not give trustees the authority to avoid the transfer of property interests of non-debtor entities. Background Leah McCurnin filed a voluntary petition for ...

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

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 ...

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

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 ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court

Most of a tenant couple’s debt to their former landlord, based on unpaid rent and the poor conditions in which they left the rental, was dischargeable. The court held a small percentage to be non-dischargeable based on evidence that, in ...

Tagged with: Bankruptcy Judge Paul M. Black Landlord/Tenant U.S. District Court - Western District

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 ...

Tagged with: Attorneys Fees Bankruptcy Civil Procedure Judge Paul M. Black U.S. Bankruptcy Court

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Allyson K. Duncan