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Sep 19, 2023

Debtor fails to show that signatures were forged

Where a bank filed claims against a debtor based on personal guarantees he allegedly executed to secure multiple loans, and the debtor argued his signatures were forged on the guarantees, the bankruptcy court did not err in rejecting his arguments. Background Byron David and Lisa David were married from 1991 to 2012. During that time, […]

Sep 11, 2023

Man can’t discharge debt owed to former spouse

Where a separation agreement was the source of debt between the debtor and his former spouse, the debt was nondischargeable pursuant to 11 U.S.C § 523(a)(15). Background Creditor Yvette Nonte and debtor Kent David Burstein are former spouses. On or about April 27, 2011, they entered into a property settlement agreement that was subsequently incorporated […]

Sep 11, 2023

Court won’t vacate prior rulings despite settlement

Where a former shareholder agreed with the trustee for a defunct law firm, as part of a settlement, to move the bankruptcy court and district court to vacate prior rulings that were favorable to the trustee, but they failed to demonstrate there were any exceptional circumstances furthering public interest that would justify the relief they […]

Sep 7, 2023

Trustee can unilaterally wind up, dissolve LLC

Where federal bankruptcy law provides that, upon filing a petition for bankruptcy, all of a debtor’s interests in a limited liability company become the property of the bankruptcy estate and are therefore subject to the control of the trustee, the trustee could unilaterally wind up an LLC of which the debtors were the majority owners. […]

Aug 30, 2023

Chapter 11 trustee allowed to employ law firm retroactively

Where the bankruptcy court entered a nunc pro tunc order to retroactively permit the former Chapter 11 trustee to employ the law firm specifically for the Chapter 11 phase, it did not err. Background The appeal presents the following question of law: whether a bankruptcy court has the authority to approve, nunc pro tunc, a […]

Aug 30, 2023

Case dismissed with prejudice as sanction

Where the debtor had the benefit of the automatic stay for five years in his previous case but did not pay the mortgage on his property for four of those years, despite his representation to the court in his confirmed plan that he would do so, his second case was dismissed with prejudice for a […]

Jul 27, 2023

Dismissal of Chapter 13 case is affirmed

Where the debtor failed to make any payments under her proposed Chapter 13 plan, failed to provide the trustee with any wage statements or paystubs and attempted relitigate a state family court’s decision, the Bankruptcy Court did not err in dismissing the case. Background This matter comes before the court on Michelle Davy’s pro se […]

Jul 25, 2023

Court must revisit contract interpretation question

Where the bankruptcy court erroneously concluded that a contract was unambiguous, and failed to thoroughly consider extrinsic evidence, it erred. Background This matter is before the court on SES Americom Inc.’s appeal of the bankruptcy court’s denial of SES’s claim for $421 million in Intelsat US LLC’s bankruptcy proceeding. Independent judgment At the conclusion of […]

Jul 17, 2023

$3M default case reopened based on fraud allegations

A circuit court has reopened a case more than a year after granting default judgment for $3 million because the defendants alleged that the plaintiff — now deceased — committed fraud on the court to procure the judgment.

Jul 4, 2023

Debtor’s affiliate granted protection from claims

Where the bankruptcy court entered an order preventing thousands of asbestos claims from proceeding against an affiliate of the debtor, it did not err. Because those suits could have an adverse effect on the debtor, the bankruptcy court had jurisdiction to enter the preliminary injunction. Background The district court affirmed a bankruptcy court order that […]

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Jul 3, 2023

Debtor’s fraud judgment nondischargeable

The Bankruptcy Court for the Eastern District of Virginia has refused a chapter 13 debtor’s request to discharge a debt of more than $165,000 arising from a state court’s judgment for fraud, conversion and breach of fiduciary duties. When the defendant filed bankruptcy after losing in the state court, the plaintiff filed an adversary action […]

Jun 1, 2023

Debtor can’t explain loss of millions of dollars

Where the U.S. Trustee showed there had been an unexplained loss of millions of dollars of assets to meet the debtor’s liabilities, and the debtor failed to provide a satisfactory explanation for the loss of the funds, the trustee prevailed on this claim. Background Bin Hao is an individual residing in Fairfax County. Through Qidian […]

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