A Richmond-area real estate lawyer violated a bankruptcy stay and breached her fiduciary duty in an invalidated foreclosure sale, a federal bankruptcy judge decided last month. The attorney could face punitive damages, the judge’s opinion said. A lawyer for attorney ...

Tagged with: Foreclosure Real Estate U.S. Bankruptcy Court

Where the facts necessary to resolve the defendant’s affirmative defense based on release were not clearly pleaded in the complaint, its motion to dismiss was denied as premature. Background Before the court is a motion to dismiss filed by UPS ...

Tagged with: Bankruptcy Judge Keith L. Phillips 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

Where a construction company was entitled to recover prejudgment interest on invoices unpaid by its customer but delayed in submitting its first invoice and delayed again in pursuing collection, the interest ran from the date of the last invoice, not ...

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

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 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

A bank’s claims were not barred by the statute of limitations because they were subject to Virginia’s six-year statute of limitations, not the five-year statute of limitations applicable to contracts, as the debtor argued. Background This matter comes before the court ...

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

Where a law firm continued to exercise control over garnished funds after receiving notice of the debtor’s bankruptcy filing, it violated the automatic stay. The debtor was awarded attorneys’ fees, but because she did not suffer damages and the firm’s ...

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

A creditor who received notice of a bankruptcy filing and then contacted the debtor threatening criminal action if she did not pay, willfully violated the automatic stay and was ordered to pay $170 in actual damages and $500 in punitive ...

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