The court dismissed most of the objections to an ex-husband’s bankruptcy plan that were made by his former spouse, although it did hold the current, higher value of real property should be used, rather than the assessment that was made ...

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

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 Bankruptcy Code is clear that when a Chapter 13 plan is not confirmed, the trustee must return post-petition payments to the debtor. As a result, the child support division could not levy on funds held by the trustee because ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge G. Steven Agee

The creditor’s heirs in a case involving a company declared bankrupt in 1931 persuaded the court that an assignment agreement entitling another person to distributions was never enforced, and should not be enforced now. Background In 1931, Yellow Poplar Lumber ...

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

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