The filing of allegedly inadequate proofs of claim could give rise to liability under the Fair Debt Collection Practices Act. Although the filers argued the Bankruptcy Code and Federal Rules of Bankruptcy Procedure provided the exclusive means to address the ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

The holder of a $846 million commercial mortgage-backed securities loan that was made to 24 landlords of Lord & Taylor failed to compel the debtors to pay all rents and sums directly to the trust. The trust was not a ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

If the debtor was allowed to convert his case, he would immediately violate a deadline imposed by the Bankruptcy Code. While the court could modify that deadline, it refused to do so here because the debtor had “played fast and ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court

Where the debtor credibly testified she was involved on a farm for many years, she satisfies the statutory definition of “family farmer.” Background The court must determine whether the debtor, Mary Ellen Rosenberger, qualifies as a Chapter 12 debtor under ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

A debtor that was told it could recover reasonable fees for work related to Rule 3001 violations but not for an unsuccessful Fair Debt Collection Practices Act claim, sought over $152,000 in attorneys’ fees. The amount was reduced by 25% ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Where the debtor transferred earnings from services he performed pre-petition to a new entity he created after seeking bankruptcy protection, those monies are not “earnings from services performed by an individual debtor after the commencement of the case.” As such, ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

Bankruptcy lawyers who practice in the Eastern District of Virginia could lose their ability to e-file if they fail to register with the bar of the U.S. District Court. This decision follows new protocols by the Eastern District Bankruptcy Court ...

Tagged with: Bankruptcy E-filing U.S. Bankruptcy Court U.S. District Court - Eastern District

Where the debtor’s estate settled a suit for violations of the Electronic Communications Privacy Act and malicious prosecution, the proceeds could be claimed as a personal injury settlement because the causes of action fall within the characterization of claims for ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly 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

The claim of an individual who was previously involved in a real estate joint venture with the debtor was significantly narrowed, in part because he failed to prove certain claimed amounts. Background This matter comes before the court on an ...

Tagged with: Bankruptcy Judge Paul M. Black U.S. Bankruptcy Court