Where a homeowner alleged a contractor violated the Virginia Consumer Protection Act and that resulting damages are nondischargeable, but she failed to plead facts supporting her claims, they were dismissed. And where the contractor counterclaimed against the homeowner for breach ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where a bank filed claims against the debtor based on personal guarantees signed by the debtor and his late wife, and the debtor claimed his signature was forged on the documents, his objections were overruled. He failed to rebut the ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where a jury previously found that debtors discriminated against a former employee on the basis of sex, gender and pregnancy, and retaliated against her and wrongfully terminated her employment in violation of public policy, the resulting judgment was for conduct ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the debtor obtained $120,000 from the plaintiff by telling her that he was a licensed home improvement contractor, when he was not, he must disgorge those funds. Because those funds were obtained through fraud, that debt is not dischargeable. ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the debtor inflated his expenses to hide disposable income, and the record showed a pattern of making unsubstantiated expense claims, the court concluded that he filed his three Chapter 13 plans in an effort to unreasonably delay and thwart ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the nondebtor’s finances were intertwined with the those of the debtors, but she could not file for bankruptcy protection because it could put her law license, and the only source of income for the debtor, at risk, there was ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the court previously dismissed with prejudice the bankruptcy filing of the debtor’s alter-ego, this case was the ninth filed by the alter-ego since 2010 and was filed during a prior bar to refiling, and neither the debtor nor the ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where a proposed settlement would pay an unsecured creditor ahead of the Internal Revenue Service, which was a senior creditor, it violated the Bankruptcy Code’s priority schemes and was denied. Background In August of 2017, River House Enterprises LC obtained ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Where the evidence demonstrated the debtor’s wife likely forged his signatures on personal guarantees to obtain loans, the bank failed to carry its burden to prove the guarantees were genuine copies of original documents signed by the debtor. With respect ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

Based on evidence that four loan guarantees were the product of forgery by the debtor’s wife, a bankruptcy judge has disallowed more than $2.3 million in claims by a bank that lent money to a now-defunct real estate investment firm. ...

Tagged with: Judge Klinette H. Kindred U.S. Bankruptcy Court