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

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

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