A debtor cannot rely on her reference in her bankruptcy schedules to possible “insur­ance proceeds” or “proceeds related to claims or causes of action” as disclosure of a possi­ble personal injury claim she had arising from a 2012 automobile accident, ...

Tagged with: Bankruptcy Justice William C. Mims Supreme Court of Virginia

A chapter 13 debtor is not entitled to modification of a bank loan secured by his principal residence with a deed of trust that refers to escrow funds, insurance proceeds or other miscellaneous proceeds; inclusion of these items does not ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy

In this litigation among multiple parties over current ownership of a gas estate owned by Yellow Poplar Lumber Company, which went bankrupt in 1928, the Abingdon U.S. District Court dismisses a cross-claim filed by a defendant, after determining that it ...

Tagged with: Bankruptcy Judge James P. Jones U.S. District Court - Western District

Debtors may take the full National and Local Standard amounts for expenses in their chapter 7 bankruptcy proceeding even though their actual expenses are less than the Standard amounts; the 4th Circuit upholds a bankruptcy court’s refusal to dismiss the ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Stephanie Dawn Thacker

 A Richmond U.S. Bankruptcy Court grants a motion for protection filed by debtor Circuit City Stores Inc. Liquidat­ing Trust for protection from a foreign subpoena issued at the behest of Toshi­ba Corporation and Toshiba Electronic Components Inc. in connection with ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

Debtor, a former managing partner of Outback Steakhouse Inc., is entitled to exempt up to 75 percent of his deferred compensation under the company’s Part­ner Equity Plan, as earned but unpaid wages eligible for exemption under Va. Code § 34-29; ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

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