Where the debtor showed he could not repay his student loan debt and maintain a “minimal” standard of living, that these circumstances were likely to persist and that he had made a good faith effort to secure employment and communicate ...

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

Where three debtors appealed the dismissal of their cases, the bankruptcy court did not abuse its discretion in finding the first debtor did not file in good faith; that the second did not comply with a court-directed payment process, thus ...

Tagged with: Bankruptcy Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where an accountant formed a new company after he filed for bankruptcy protection, and then transferred assets from his prior company to his new practice, the bankruptcy court did not err in finding that the transferred assets were the property ...

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

Where the plain language of the Chapter 11 reorganization plan did not require the debtor to hold monies in trust for the general unsecured creditors, and an unsecured debtor did not identify extrinsic evidence showing an intent to create a ...

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

Where a trust could not enforce the provisions of the master lease against one of the parties, because it had already been assigned to a new tenant assignee, the trust lacked standing because the litigation did not affect the trust’s ...

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

Where the trustee was unable to cite any Fourth Circuit authority showing the bankruptcy court erred in approving nondebtor releases, and there were persuasive out-of-circuit cases against the trustee’s positions, its motion for a stay pending appeal was denied because ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where the debtor failed to list a savings account on her Chapter 13 schedule, her case was dismissed with prejudice for 90 days because her failure was at least the product of a reckless disregard for the truth. Background This ...

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

Where the trustee for LeClairRyan, a bankrupt law firm, brought claims against the firm’s former joint venture partner, and the partner asserted a right to money in the bankrupt estate, the adversary proceeding will remain in bankruptcy court because all ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where the United States trustee moved to stay the bankruptcy court’s disclosure statement and confirmation orders pending appeal, but failed to show irreparable harm if its motion was denied or a likelihood of success on the merits of its appeal, ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where a dispute arose over whether a loan guarantee was forged and the lender’s practice was to scan and shred loan documents within a month of being signed, the documents here were executed/shredded in 2005 while the litigation did not ...

Tagged with: Bankruptcy Judge Rossie D. Alston Jr. U.S. District Court - Eastern District