Where the creditor had notice of the automatic stay, violated it by seizing the debtor’s property and then refused to return the property, the court awarded the debtor compensatory damages, attorneys’ fees and punitive damages. Background Jenny Lynn Edwards filed ...

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

Where a settlement agreement was clear and unambiguous and not reasonably susceptible to the interpretation urged by one of the parties, the bankruptcy court’s decision, which adopted the interpretation urged by the trustee, was affirmed. Background This case concerns the ...

Tagged with: Bankruptcy Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a farmer’s four reorganization plans included unreliable and inaccurate projections will not have an opportunity to submit a fifth plan. Background Dale W. Akers’ filed a voluntary petition under Chapter 12 on May 3, 2017. His  farming operations include ...

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

Where courts have held that a bankruptcy court order compelling discovery is not a final order, judgment or decree subject to immediate appeal, the subject of the order must either comply, or defy it so that a contempt order, which ...

Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District

A Culpeper motorcycle dealership that thumbed its nose at bankruptcy law has been hit with a $42,947.37 judgment. Using a bankruptcy notice as a trigger for repossession and then stonewalling the bankruptcy court could prove costly for the small business. ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly Repossession

The Richmond-based law firm of LeClairRyan PLLC converted its Chapter 11 bankruptcy to Chapter 7 last Friday, Oct. 4, with a trustee taking over liquidation proceedings. U.S. Bankruptcy Judge Kevin R. Huennekens approved the move Sept. 26, observing it was ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens LeClairRyan

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District

Although the auctioneer’s own company placed the winning bid on the real property, the sale was not “inherently unfair” because the advertising for the auction, the bidding process and the actual bidding were conducted at arm’s length. However, because the ...

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

Where real property was titled only in the name of a debtor’s husband and the debtor argued she had an “equitable interest” in the property and the deed should be reformed to correct a “mutual mistake,” her proof fell short ...

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

Where Bank of the West violated an automatic stay, sought to collect a deficiency balance after the expiration period and willfully made repeated contact with the debtors despite requests from their counsel to stop, the bank was sanctioned and counsel ...

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