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Debtor can’t explain loss of millions of dollars
Where the U.S. Trustee showed there had been an unexplained loss of millions of dollars of assets to meet the debtor’s liabilities, and the debtor failed to provide a satisfactory explanation for the loss of the funds, the trustee prevailed on this claim. Background Bin Hao is an individual residing in Fairfax County. Through Qidian […]
Proofs of claim survive challenge by debtor
Where a debt collection company filed two proofs of claim based upon credit card debt owed by the debtor, the debtor admitted she owed the debt to the credit card company and there was proof the debts were assigned, the debtor’s argument that she had no credit relationship with the assignee was insufficient to overcome […]
Bankruptcy court abstains from suit against debtor
Where the debtor sold her house, but the mortgage holder received no proceeds, and it then sued the debtor, purchasers and new mortgage holder in circuit court, the bankruptcy court will abstain from the suit. The circuit court can adjudicate the debtor’s affirmative defense of discharge. Background Dee Arnolds filed a Chapter 7 petition with […]
Dischargeable: Ex-attorney clears costs related to license revocation
A former Virginia attorney who consented to a revocation of his license in 2021 had most of the costs associated with the revocation discharged by the U.S. Bankruptcy Court for the Eastern District of Virginia. Stemming from the revocation, the Virginia State Bar assessed costs against the former attorney of nearly $5,000 — the majority […]
Ex-attorney discharges fees related to license revocation
Where a former attorney was assessed various costs by the Virginia State Bar incurred in connection with the revocation of his license, the certified mailing fees, copying invoices and court reporting fees were dischargeable. However a $1,000 administrative fee was a penalty that was nondischargeable. Background This opinion addresses whether costs assessed by the Virginia […]
Subchapter V case converted to Chapter 7
Where there was evidence of bad faith conduct by the debtor, a continuing loss to or diminution of the bankruptcy estate and the absence of a reasonable likelihood of rehabilitation, a conversion from Subchapter V to Chapter 7 was in the best interests of the creditors. Background This matter comes before the court on the […]
Debtor may claim funds were ‘earnings’
Where the debtor previously claimed that money in his personal bank account belonged to his company, the court rejected this argument and ordered the money to be turned over to the trustee, and the debtor then claimed that 75% of the funds were exempt as “earnings” under Virginia Code § 34-29, judicial estoppel did not […]
Unreasonable delays prejudicial to creditors
Where a debtor and his wife were a single economic unit, but he nevertheless excluded her income from four of his Chapter 13 reorganization plans, resulting in an unreasonable delay that was prejudicial to creditors, the case is dismissed. Background The debtor, Jae Hong Oh, is an individual residing in Fairfax. He is married, but […]
Debtor twice acted in bad faith
Where a debtor materially and intentionally understated the value of real property on his schedules, and intentionally purchased a new vehicle with the intent to reduce his disposable monthly income, he acted in bad faith. Background Stephen Neuman Asamoah is the debtor. This matter comes before the court on the Chapter 13 trustee’s motion to […]
Fraudulent transfer counts dismissed
Where the trustee sought to set aside an alleged fraudulent transfer of real property, but the property didn’t belong to the debtors and was instead held by an LLC in which they had an interest, the fraudulent conveyance and transfer counts were dismissed. Background Legacy Wealth Properties LLC is a Virginia limited liability company. It […]
‘Reckless’ failure to list account nets dismissal
Where the debtor failed to list a savings account on her Chapter 13 schedule, her case was dismissed with prejudice for 90 days because her failure was at least the product of a reckless disregard for the truth. Background This matter came before the court on the trustee’s opposed motion to dismiss the debtor’s Chapter […]
First-time homebuyer IRS credit is not dischargeable
A $7,500 first-time homebuyer credit that is recaptured by the IRS over the next 15 years is a tax that is not dischargeable in bankruptcy. Background The debtor purchased a home with his mother and his sister in 2008. In his income tax return for that year, he claimed a first-time homebuyer credit of $7,500. […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Are you or your law firm cutting back on holiday gifts to clients, colleagues or associates?
- Yes, times are tough (78%, 29 Votes)
- No, it's business as usual (22%, 8 Votes)
Total Voters: 37
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