In this dispute between a receiver appointed by the bankruptcy court in a company’s chapter 7 proceeding and a creditor that took charge of certain collateral under a management agreement with the receiver, the creditor loses its challenge to the ...

Tagged with: Bankruptcy Judge James C. Cacheris U.S. District Court - Eastern District

After debtor received multiple opportunities to comply with bankruptcy court directives, the bankruptcy court did not err in lifting the automatic stay and dismissing her chapter 13 petition, says a Harrisonburg U.S. District Court. Court orders The bankruptcy court dismissed petitioner’s ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Good judges, good law­yers and a well-oiled legal system are prov­ing to be an attractive combination at the U.S. Bankrupt­cy Court in Richmond. Struggling corporations seeking sanc­tuary from creditors are coming to Rich­mond in greater numbers these days, passing by ...

Tagged with: Bankruptcy Gymboree Judge Keith L. Phillips Judge Kevin R. Huennekens Patriot Coal Corporation Penn Virginia Corporation U.S. Bankruptcy Court Richmond

The 4th Circuit says a bankruptcy court did not err in denying Wells Fargo’s motion to set aside a bankruptcy court order cancelling the bank’s deed of trust on a real estate parcel, filed two years after the property was ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Allyson K. Duncan

A debtor cannot rely on her reference in her bankruptcy schedules to possible “insurance proceeds” or “proceeds related to claims or causes of action” as disclosure of a possible personal injury claim she had arising from a 2012 automobile accident, ...

Tagged with: Bankruptcy Justice William C. Mims Supreme Court of Virginia

Plaintiff, a native of Azerbaijan, who is Jewish and who alleges national origin and religious discrimination and hostile environment in violation of Title VII, wins a stay of her Title VII case to allow the trustee in her reopened chapter ...

Tagged with: Bankruptcy Judge Rebecca Beach Smith U.S. District Court - Eastern District

A patent attorney who was unhappy with his bankruptcy lawyer’s performance cannot sue the lawyer because his malpractice claim belongs to the bankruptcy estate, an Alexandria federal judge said on April 14. Embroiled in litigation from a failed venture with ...

Tagged with: Alexandria Circuit Court Bankruptcy Judge Anthony J. Trenga U.S. District Court - Eastern District

A West Virginia company that entered into an Asset Purchase Agreement with a subsidiary of debtor does not have a security interest entitled to priority in debtor’s Chapter 11 proceeding; the Roanoke U.S. District Court holds that the creditor failed ...

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

The 4th Circuit upholds a bankruptcy court’s rejection of an unsecured creditor’s claims in two Chapter 13 proceedings that were filed after entry of the court’s confirmation orders; we hold that debtors’ objections to the unsecured creditor’s proofs of claim ...

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

Debtor, a limited partnership that developed real estate, whose primary financing was obtained from an IRA owned by a member of most of the LLCs in which debtor held an interest, cannot use a bankruptcy court proceeding to recharacterize as ...

Tagged with: Bankruptcy Judge Leonie Brinkema U.S. District Court - Eastern District