Where a dental equipment manufacturer failed to show the sole shareholder of a dental practice, and not the dental practice now in bankruptcy, purchased and owned the equipment, the extrinsic evidence supported the conclusion the purchaser was most likely the ...

Tagged with: Bankruptcy Judge Glen E. Conrad U.S. District Court - Western District

Bankruptcy lawyers who practice in the Eastern District of Virginia could lose their ability to e-file if they fail to register with the bar of the U.S. District Court. This decision follows new protocols by the Eastern District Bankruptcy Court ...

Tagged with: Bankruptcy E-filing U.S. Bankruptcy Court U.S. District Court - Eastern District

Where the debtor’s estate settled a suit for violations of the Electronic Communications Privacy Act and malicious prosecution, the proceeds could be claimed as a personal injury settlement because the causes of action fall within the characterization of claims for ...

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

Where a woman sued the debtor for breaching a prior settlement agreement, the debtor’s filing of a Chapter 13 petition before she obtained an award did not prevent her from asserting her claim was non-dischargeable under 28 U.S.C. § 1328(a)(4). ...

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

The claim of an individual who was previously involved in a real estate joint venture with the debtor was significantly narrowed, in part because he failed to prove certain claimed amounts. Background This matter comes before the court on an ...

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

Where the substitute trustee sought to appeal from an order granting the bankruptcy trustee partial summary judgment on claims for breach of fiduciary duty and violation of the automatic stay, the appeal was denied because there was no final order ...

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

A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an attorney who engaged in prepetition litigation efforts on behalf of the debtor did not provide written notice to the opposing parties prior to the filing of the bankruptcy petition, he has no lien nor could he claim a ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Even if a jury trial was allowed in the adversary proceeding where a video-trial had been scheduled, the defendants waived their right to such trial by not filing a timely motion to withdraw the reference. Further, despite the defendants’ request ...

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

A party that was not aggrieved by the bankruptcy court’s order because it lacked a pecuniary interest in its outcome lacked standing to appeal the denial of that order. Background Mar-Bow appeals several orders of the bankruptcy court. The orders ...

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