Where a debtor completed a credit counseling course a half-hour after he filed his voluntary bankruptcy petition, the petition was dismissed. The requirement that debtors complete the course “during the 180-day period ending on the date of filing of the ...

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

Where the Chapter 7 trustee entered into a settlement with the debtor that included dismissal of a § 727 adversary proceeding without allowing the U.S. trustee an opportunity to intervene, the pact was rejected as the notice provisions in the ...

Tagged with: Bankruptcy Judge Brian F. Kenney 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

Where a law firm continued to exercise control over garnished funds after receiving notice of the debtor’s bankruptcy filing, it violated the automatic stay. The debtor was awarded attorneys’ fees, but because she did not suffer damages and the firm’s ...

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

Where there was a presumption of abuse at the time the debtor filed a voluntary petition, because of the means test calculation, the presumption was not altered by her post-petition decision to trade in her car, resulting in a higher ...

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

Where real property was titled only in the name of a debtor’s husband and the debtor argued she had an “equitable interest” in the property and the deed should be reformed to correct a “mutual mistake,” her proof fell short ...

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

A Maryland casino’s objection to a Virginia debtor’s repayment plan because of a “marker” he owed the casino was sustained, despite a Virginia code prohibition making gaming contracts void, because Virginia’s public policy against enforcing gambling debts is no longer ...

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

The trustee who sought legal fees for filing and defending two proofs of claim on behalf of creditors who did not file claims is limited to requesting fees only for the proofs of claim from which the debtor benefitted. In ...

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

A government contractor that faced federal charges after disregarding lawyers’ advice on use of prohib­ited employees failed to prove a legal malpractice claim against its law firm, a bankruptcy judge has ruled. The decision absolved a now-defunct Washington firm of ...

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

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