The Chapter 7 bankruptcy trustee overseeing the dissolution of Richmond firm LeClairRyan added claims against firm co-founder Gary LeClair in an amended complaint filed last month in the U.S. Bankruptcy Court for the Eastern District of Virginia. Filed Aug. 25, ...

Tagged with: LeClairRyan U.S. Bankruptcy Court U.S. District Court - Eastern District UnitedLex

Where the debtor failed to list a savings account on her Chapter 13 schedule, her case was dismissed with prejudice for 90 days because her failure was at least the product of a reckless disregard for the truth. Background This ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

Where the United States trustee moved to stay the bankruptcy court’s disclosure statement and confirmation orders pending appeal, but failed to show irreparable harm if its motion was denied or a likelihood of success on the merits of its appeal, ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens 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 attorneys’ fees incurred by the oversecured creditor were reasonable and necessary to protect its interest in the bankruptcy cases, and the debtors agreed the rates were reasonable, the creditor was entitled to recover its fees under section 506(b) of ...

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

Where the debtor’s husband filed several documents in their divorce case after the debtor filed for bankruptcy protection, including a request the state court rehear and reconsider issues of equitable distribution in light of the bankruptcy filing, the debtor was ...

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

Where the court-approved amended joint Chapter 11 plan included a provision releasing claims against the debtor and nondebtor defendants, but allowed opt-outs, there was no “inherent authority” allowing parties previously certified as lead plaintiffs in a securities class action to ...

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

Where a confessed judgment was the result of the debtor originally breaching a payment obligation in his separation agreement, the ex-wife’s complaint plausibly alleged it was nondischargeable as debt “in connection with” a divorce or separation. Background Kent David Burstein ...

Tagged with: Bankruptcy Judge Frank J. Santoro U.S. Bankruptcy Court