A Lynchburg U.S. Bankruptcy Court sustains debtor’s ex-wife’s objection to his chapter 13 plan but will only allow her to file a claim for $2,820 in child support ar­rearage as a domestic support obligation, instead of the larger lump sum ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

Debtors who are receiving “Public Part­nership” payments as Medicaid waiver benefits for the care of their severely disabled adult son in their home, need not include those payments as their dis­posable income in their chapter 13 plan, a Harrisonburg U.S. ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

Although no proofs of claim had been filed in debtor’s chapter 7 case when she inherited $23,990 in cash, a Roanoke U.S. Bankruptcy Court does not have authority to send creditors a second no­tice to file proofs of claim in ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

A bankruptcy court erred in sua sponte dis­missing appellant’s chapter 7 petition solely for failure to pay the administrative notice fee, and without any notice or hearing for pe­titioner; the Danville U.S. District Court va­cates the dismissal and remands the ...

Tagged with: Bankruptcy Judge Jackson L. Kiser U.S. District Court - Western District

A bank that continued to collect on two notes signed by a chapter 7 debtor after a discharge of his related debts in a no-asset bankruptcy violated the dis­charge injunction of 11 U.S.C. § 524(c), and the Roanoke U.S. Bankruptcy ...

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

A chapter 13 debtor may offer a post-confirmation fourth amended plan to reduce the $700 monthly payments’ duration from the approved 60 months to 29 more months, due to an unex­pected reduction in debtor’s income as a financial advisor; the ...

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

A Roanoke U.S. District Court upholds a bankruptcy court decision denying a discharge to a chapter 7 debtor convicted of bankruptcy fraud. The U.S. Trustee argued that debtor’s bankruptcy fraud conviction collaterally estopped him from contending that he had not ...

Tagged with: Bankruptcy Judge Norman K. Moon U.S. District Court - Western District

A Charlottesville U.S. District Court says a bankruptcy court did not err in dismissing a chapter 13 debtor’s objection to a claim filed by a bank, whose entire debt for debtor’s Connecticut real estate was listed as unsecured. Debtor’s schedule ...

Tagged with: Bankruptcy Judge Norman K. Moon U.S. District Court - Western District

In this litigation arising out of the chapter 7 bankruptcy of Starlight Group LLC, a real estate investment entity formed in 2004, the Alexandria U.S. District Court upholds a bankrupt­cy court decision finding that the real estate agent who founded ...

Tagged with: Bankruptcy Judge Liam O'Grady U.S. District Court - Eastern District

A chapter 13 debtor may not exempt under Va. Code § 34-29 or Va. Code § 34-4 post-petition income available to him after he repaid a retirement fund loan; however, the Alexandria U.S. Bankruptcy Court says debtor may make monthly ...

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