Where a bankruptcy court’s order did not resolve the issues involving real property and only provided a “roadmap” of what might occur if the debtor did not follow through with certain conduct, the order was not appealable. The plaintiff’s motion ...

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

Where the facts necessary to resolve the defendant’s affirmative defense based on release were not clearly pleaded in the complaint, its motion to dismiss was denied as premature. Background Before the court is a motion to dismiss filed by UPS ...

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

With businesses closed, employees furloughed and sales plummeting, there will almost certainly be an increase in bankruptcy filings as a result of the pandemic. But with the recent outpouring of federal financial support, attorneys say the uptick in “COVID-caused” bankruptcy ...

Tagged with: Bankruptcy Business Coronavirus

Where the substitute trustee’s sale of real property failed to comply with provisions required by the deeds of trust, the foreclosure sale was invalid, so that, when the substitute trustee recorded the deed, she violated the automatic stay. The amount ...

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

The Pier I debtors anticipated confirming their plan within 66 days from the Feb. 17, 2020, petition date, but those plans have been impacted by the COVID-19 pandemic, as they have been ordered to close their stores to customers and ...

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

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Barbara Milano Keenan

Where the issues on appeal were not controlling questions of law but were disagreements with the bankruptcy court’s application of settled law to facts, interlocutory appeal was denied. Background On Aug. 9, 2019, Wayne Services Legacy Inc., the successor entity ...

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

Where a construction company was entitled to recover prejudgment interest on invoices unpaid by its customer but delayed in submitting its first invoice and delayed again in pursuing collection, the interest ran from the date of the last invoice, not ...

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

A claim that two of the debtor’s officers fraudulently induced a contract was “related to” the bankruptcy litigation because the officers might be able to claim indemnification from the debtor, thereby altering its liabilities. Because a majority of the relevant ...

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

Where all the elements for collateral estoppel were established, the bankruptcy court did not err in finding a contract was formed between the trustee and a defendant. But because the court did not articulate its reasoning on damages, the issue ...

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