A Chapter 7 debtor who claimed a portion of his anticipated federal income tax refunds for 2011 and 2012 under a homestead exemption is not required to offset his $80,989 debt to the U.S. Department of Agriculture with the tax ...

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

Former employees of debtor’s company, who purchased the company’s claims against debtor, a patent attorney who was CEO of the company which filed a Chapter 7 proceeding in California, cannot pursue their claims against debtor in Alexandria U.S. Bankruptcy Court ...

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

In this dispute between debtor, a manager-managed LLC that provides wireless Internet services in rural areas, and an investor/former CEO, the Charlottesville U.S. District Court upholds a bankruptcy court decision that allowed claims by the investor/CEO, over objections by debtor ...

Tagged with: Bankruptcy Judge Glen E. Conrad U.S. District Court - Western District

In this involuntary bankruptcy proceeding of a debtor that merged with counterclaim defendant prior to the bankruptcy, the Richmond U.S. District Court denies the counterclaim defendant’s motion to withdraw reference and to sever the trustees’ counterclaims challenging the counterclaim defendants’ ...

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

A lawyer who failed to produce a wet signature on a Chapter 13 bankruptcy petition and misrepresented the purported debtor’s address, completion of the required credit counseling  and her financial circumstances, as well as venue, receives a 60-day suspension from ...

Tagged with: Bankruptcy Judge Stephen C. St. John U.S. Bankruptcy Court

Although the lawyer who loaned debtor $235,000 had her sign a written Statute of Limitations Waiver prior to expiration of the time limit to sue her on that debt, the waiver did not meet the statutory standard for such a ...

Tagged with: Bankruptcy Judge T.S. Ellis III U.S. District Court - Eastern District

A lawyer who loaned money to a client lost his chance to collect the debt in bankruptcy when a federal judge refused to enforce her signed waiver of a statute of limitations defense to the claim. In reversing the bankruptcy ...

Tagged with: Bankruptcy Federal Courts Judge T.S. Ellis III

In appointing a trustee in this reopened lumber company bankruptcy originally commenced in 1927, the Abingdon U.S. District Court will follow former Bankruptcy Rule 209 and appoint a previously appointed guardian ad litem in the case as trustee of the ...

Tagged with: Bankruptcy Judge James P. Jones U.S. District Court - Western District

An Alexandria U.S. District Court upholds a bankruptcy court order lifting the automatic stay to allow a landlord to pursue remedies against debtor, who has not paid rent on his residential lease since November 2014 and who will not vacate ...

Tagged with: Bankruptcy Judge Liam O'Grady U.S. District Court - Eastern District

A Roanoke U.S. District Court affirms a bankruptcy court’s denial of confirmation of debtor tree farm’s third amended plan and dismissal of its Chapter 12 bankruptcy petition. Debtor Keith’s Tree Farms is a general partnership operating in Wythe and Carroll ...

Tagged with: Bankruptcy Judge Glen E. Conrad U.S. District Court - Western District