September 17, 2019
Comments Off on Debtor failed to establish ‘equitable interest’ in real property
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
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May 5, 2019
Comments Off on Gambling debt claim can be enforced
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
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January 19, 2019
Comments Off on Trustee gets fees only for claims that benefit debtor
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
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September 15, 2017
Comments Off on Unheeded advice: Law firm avoids blame in prosecution
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
Read More »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
Read More »An Alexandria U.S. Bankruptcy Court says a chapter 7 debtor may not deduct the mortgage payments for purposes of the means test when debtor intended to surrender the property and make no more mortgage payments, and the court denies the ...
Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court
Read More »An Alexandria U.S. Bankruptcy Court finds that a prior federal court judgment holding debtor, the former Minister of Defense for Somalia, liable for torture, indiscriminate killings and human rights abuses is entitled to collateral estoppel and the court declares that ...
Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court
Read More »In plaintiffs’ suit seeking relief for alleged embezzlement of funds from an escrow account holding monies paid in a Loan Settlement Agreement, the Alexandria U.S. Bankruptcy Court says it has no personal jurisdiction over defendant, a UK bank holding company, ...
Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court
Read More »An Alexandria U.S. Bankruptcy Court sustains a chapter 7 trustee’s objection to debtor’s claimed exemption under Va. Code § 34-34 of $30,154.99 in a nonqualified deferred compensation plan established pursuant to IRC 409A, as part of debtor’s compensation package from ...
Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court
Read More »Former employees of debtor’s company, who purchased the company’s claims against debtor, a patent attorney who was CEO of the company which filed a Chapter 7 proceeding in California, cannot pursue their claims against debtor in Alexandria U.S. Bankruptcy Court ...
Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court
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