Although Congress has increased the fees payable to the U.S. Trustee System, that fee increase is unconstitutional because it is not being applied evenly to all Chapter 11 cases. As a result, the liquidating trust here is not responsible for ...

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

A debtor who settled her personal injury claim may keep the funds because they were acquired after the petition date but prior to the conversion date, meaning the money was not property of the debtors’ bankruptcy estate. Background The debtors ...

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

Where a creditor was not entitled to a distribution of excess cash entering the bankruptcy estate in the future pursuant to the express terms of the approved reorganization plan, the creditor lacked standing to obtain relief from judgment in order ...

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

Where a husband and wife initiated a Chapter 7 bankruptcy action to halt the sale of their home in a foreclosure commenced when the wife failed to make payments ordered in her prior Chapter 13 bankruptcy case, the wife could ...

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

A woman seeking to discharge her student loans failed to provide evidence that repayment of her debt would cause an “undue hardship.” Background On Nov. 13, 2011, Wanda Lipscomb Menefee and her husband, Frank Hoehl Menefee, Jr., filed a voluntary ...

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

An Alexandria lawyer who pursued collection efforts after a tenant filed for bankruptcy has been hit with $5,000 in punitive damages for what the judge labeled “flagrant violations” of legal protections for debtors. U.S. Bankruptcy Judge Kevin R. Huennekens said ...

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

Good judges, good law­yers and a well-oiled legal system are prov­ing to be an attractive combination at the U.S. Bankrupt­cy Court in Richmond. Struggling corporations seeking sanc­tuary from creditors are coming to Rich­mond in greater numbers these days, passing by ...

Tagged with: Bankruptcy Gymboree Judge Keith L. Phillips Judge Kevin R. Huennekens Patriot Coal Corporation Penn Virginia Corporation U.S. Bankruptcy Court Richmond

Debtor’s former wife loses her claim in Richmond U.S. Bankruptcy Court for damages under an Indemnity Provision of the parties’ 2009 Property Settle­ment Agreement, as she failed to show the Indemnity Provision was an agree­ment in the nature of alimony, ...

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

A veteran Richmond area bank­ruptcy lawyer – suspended last year for mishandling client money – now has been disbarred amid allegations that she drained her law office bank accounts and snatched office equipment to avoid creditors. Nnika E. White has ...

Tagged with: Judge Kevin R. Huennekens Lawyer Discipline U.S. Bankruptcy Court Virginia State Bar

A former bankruptcy lawyer permanently barred from eastern Virginia bankruptcy courts is asking a judge to allow the possibility of his return to practice. Even if the federal judge agrees, several hurdles confront Kenneth W. Paciocco, who was disbarred by ...

Tagged with: Judge Kevin R. Huennekens Lawyer Discipline Richmond Circuit Court U.S. Bankruptcy Court Virginia State Bar