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

Where the substitute trustee’s sale of real property failed to comply with provisions required by the deeds of trust, the foreclosure sale was invalid, so that, when the substitute trustee recorded the deed, she violated the automatic stay. The amount ...

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

The Pier I debtors anticipated confirming their plan within 66 days from the Feb. 17, 2020, petition date, but those plans have been impacted by the COVID-19 pandemic, as they have been ordered to close their stores to customers and ...

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

A claim that two of the debtor’s officers fraudulently induced a contract was “related to” the bankruptcy litigation because the officers might be able to claim indemnification from the debtor, thereby altering its liabilities. Because a majority of the relevant ...

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

Where a debtor promised to renovate and make repairs to the plaintiff’s real property and then failed to do so, a judgment entered against the debtor was dischargeable because he fully intended to perform at the time he made the ...

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

A Chapter 13 debtor may strip off an unsecured lien from real property that is titled as joint tenants with rights of survivorship, where the joint tenant is not a joint debtor in the bankruptcy case. Background On May 15, ...

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

The Richmond-based law firm of LeClairRyan PLLC converted its Chapter 11 bankruptcy to Chapter 7 last Friday, Oct. 4, with a trustee taking over liquidation proceedings. U.S. Bankruptcy Judge Kevin R. Huennekens approved the move Sept. 26, observing it was ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens LeClairRyan

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