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Tag Archives: Bankruptcy

Collateral estoppel applies to dispute over contract formation (access required)

Where all the elements for collateral estoppel were established, the bankruptcy court did not err in finding a contract was formed between the trustee and a defendant. But because the court did not articulate its reasoning on damages, the issue ...

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Firm’s post-petition control over garnished funds violates stay (access required)

Where a law firm continued to exercise control over garnished funds after receiving notice of the debtor’s bankruptcy filing, it violated the automatic stay. The debtor was awarded attorneys’ fees, but because she did not suffer damages and the firm’s ...

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Attorneys are sanctioned for bad-faith litigation conduct (access required)

Where attorneys admitted in Virginia and from outside Virginia acted in bad faith in connection with two consumer bankruptcies, the record supported the bankruptcy court’s imposition of practice and monetary sanctions. For the out-of-state attorneys, however, the amount of sanctions ...

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New law makes Ch. 11 bankruptcy easier for small businesses (access required)

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Chapter 11 bankruptcies will be easier for businesses with smaller debt loads under a new law that takes effect in February. In August, President Donald Trump signed the Small Business Reorganization Act of 2019. Sponsored by Rep. Ben Cline, R-Va., ...

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Sanctions on bankruptcy firm, lawyers are upheld (access required)

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A Roanoke federal judge has upheld penalties against two Virginia lawyers who teamed up with a short-lived, Chicago-based national bankruptcy firm accused of high-pressure sales tactics and litigation misconduct. U.S District Judge Michael F. Urbanski refused to undo $5,000 sanctions ...

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