A plaintiff who filed her proof of claim for employment discrimination in defendant airlines’ bankruptcy proceeding over one year after the claim bar date has her claim disallowed under both the terms of the confirmed plan and bankruptcy rules; the ...

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

A debtor substantially participated in defending plaintiff’s Oklahoma state court action against debtor, by filing an answer to the state court complaint, pleading affirmative defenses and asserting a counterclaim, and a Lynchburg U.S. Bankruptcy Court says the Oklahoma state court’s ...

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

In debtors’ Chapter 11 bankruptcy proceeding, the Richmond U.S. Bankruptcy Court sustains debtors’ objection to a claim filed by American Express Centurion Bank and disallows the bank’s unsecured claim for $67,927.75 on a credit card opened in husband debtor’s name. ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

A creditor who continued prosecution of a civil claim against debtors in a Spotsylvania state court after they filed their Chapter 7 petition, violated the automatic stay in bankruptcy and caused debtors actual damages in the form of lost wages ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

A Roanoke U.S. Bankruptcy Court refuses to confirm debtor tree farm’s fourth amended Chapter 12 plan and denies leave to amend, as it concludes reorganization for the family tree farm is objectively futile; the court dismisses the case. Debtor Keith’s ...

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

A debtor may file a Chapter 13 proceeding after substantial consummation of her confirmed Chapter 11 plan, says a Richmond U.S. Bankruptcy Court; her increase income represents a substantial and unanticipated change in her financial condition that will allow her ...

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

A bankruptcy petition preparer has been barred from helping clients in the Western District of Virginia under an order from Roanoke U.S. Bankruptcy Court Judge Paul M. Black. Nonlawyers may assist debtors by helping them with paperwork, but they are ...

Tagged with: Bankruptcy Federal Courts Judge Paul Black

A bankruptcy petition preparer hired by debtors to pursue mortgage modifications on 11 properties they owned used “repeated skeletal filings” to frustrate foreclosure attempts and falsely represented he was not paid for his services; the Roanoke U.S. Bankruptcy Court orders ...

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

The Roanoke U.S. Bankruptcy Court denies the government’s motion to reopen debtor’s closed bankruptcy case for entry of a nunc pro tunc order retroactively annulling the automatic stay based on the government’s claim that the court only ruled on one ...

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

Debtor may not discharge a debt to his ex-wife undertaken in their property settlement agreement as part of his joint obligation to repay wife’s parents for a $30,000 loan to the couple during their marriage; the Harrisonburg U.S. Bankruptcy Court ...

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