Where the debtor alleged a lender was violating Virginia’s usury and consumer finance laws, those were “constitutionally core” claims over which the bankruptcy court could retain jurisdiction. Referring those claims to arbitration would defeat the purpose of the Bankruptcy Code ...

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

Where a debtor promised to renovate and make repairs to the plaintiff’s real property and then failed to do so, a judgment entered against the debtor was dischargeable because he fully intended to perform at the time he made the ...

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

A Chapter 13 debtor may strip off an unsecured lien from real property that is titled as joint tenants with rights of survivorship, where the joint tenant is not a joint debtor in the bankruptcy case. Background On May 15, ...

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

Where there was a presumption of abuse at the time the debtor filed a voluntary petition, because of the means test calculation, the presumption was not altered by her post-petition decision to trade in her car, resulting in a higher ...

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

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