Lawyer loses bid to collect from client’s tax refunds
A bankruptcy judge has blocked a lawyer’s efforts to collect on an unpaid legal bill, ruling that a state court’s “turn over” orders did not constitute valid liens against as-yet undelivered federal...
View ArticlePrior Student Loan Discharge Upheld
Although the creditor, Southern Virginia University, obtained a default judgment against a former student in state court, the creditor did not show that was the same debt as a prior student loan from...
View ArticleNo Hardship Discharge for Student Loan
A debtor who has been hindered in pursuing a career in studio art or art installation due to a horrific attack and sexual assault in 2002 that left her with severe mental and physical injuries, and who...
View ArticleDebtors Can’t Strip Second Lien on Home
In debtors’ action to determine the validity and extent of SunTrust Bank’s lien on debtors’ residence and to strip said lien from the property, the Harrisonburg U.S. District Court says debtors have...
View ArticleDebtor-Member’s LLC Rights Revested
A debtor-member of an LLC whose individual bankruptcy petition was dismissed saw his economic and non-economic interests revested in the LLC and consequently his vote counted for authorization of the...
View ArticleCh. 13 Trustee Treated as Bona Fide Buyer
A Chapter 13 Trustee’s strong arm powers under § 544(a)(3) may defeat an unrecorded deed of trust, and in this case, no equitable remedies block the trustee’s powers and the Lynchburg U.S. Bankruptcy...
View ArticlePetition Dismissed for ‘Good Cause’
Debtor has consistently misrepresented his assets, income and liabilities and has failed to honor his obligations to the bankruptcy court and process, preventing confirmation of any of his proffered...
View ArticleHusband Can’t Discharge Debt to Wife
Debtor may not discharge a debt to his ex-wife undertaken in their property settlement agreement as part of his joint obligation to repay wife’s parents for a $30,000 loan to the couple during their...
View ArticleBid to Reopen Debtor’s Case Rejected
The Roanoke U.S. Bankruptcy Court denies the government’s motion to reopen debtor’s closed bankruptcy case for entry of a nunc pro tunc order retroactively annulling the automatic stay based on the...
View ArticleTree Farm’s Chapter 12 Case Dismissed
A Roanoke U.S. Bankruptcy Court refuses to confirm debtor tree farm’s fourth amended Chapter 12 plan and denies leave to amend, as it concludes reorganization for the family tree farm is objectively...
View ArticleCounsel Forfeits Fee for False Statement
A Lynchburg U.S. Bankruptcy Court denies debtor’s counsel additional requested compensation of $2,000 for reaching a settlement regarding a complaint to determine dischargeability of debt filed on...
View ArticleNo Chapter 7 for High-Income Family
A Lynchburg U.S. District Court grants the U.S. Trustee’s motion to dismiss this chapter 7 case as presumptively abusive under 11 U.S.C. § 707(b)(2)(B), based on debtors’ ability to pay along with the...
View ArticleNo Waiver of Prior Credit Counseling
A debtor who filed her chapter 7 petition indicating she had received the required credit counseling, but whose certificate of credit counseling filed on May 3, 2016, indicated she took the credit...
View ArticleDebtors Can’t Strip Second Lien on Home
In debtors’ action to determine the validity and extent of SunTrust Bank’s lien on debtors’ residence and to strip said lien from the property, the Harrisonburg U.S. District Court says debtors have...
View ArticleDebtor-Member’s LLC Rights Revested
A debtor-member of an LLC whose individual bankruptcy petition was dismissed saw his economic and non-economic interests revested in the LLC and consequently his vote counted for authorization of the...
View ArticleCh. 13 Trustee Treated as Bona Fide Buyer
A Chapter 13 Trustee’s strong arm powers under § 544(a)(3) may defeat an unrecorded deed of trust, and in this case, no equitable remedies block the trustee’s powers and the Lynchburg U.S. Bankruptcy...
View ArticlePetition Dismissed for ‘Good Cause’
Debtor has consistently misrepresented his assets, income and liabilities and has failed to honor his obligations to the bankruptcy court and process, preventing confirmation of any of his proffered...
View ArticleHusband Can’t Discharge Debt to Wife
Debtor may not discharge a debt to his ex-wife undertaken in their property settlement agreement as part of his joint obligation to repay wife’s parents for a $30,000 loan to the couple during their...
View ArticleBid to Reopen Debtor’s Case Rejected
The Roanoke U.S. Bankruptcy Court denies the government’s motion to reopen debtor’s closed bankruptcy case for entry of a nunc pro tunc order retroactively annulling the automatic stay based on the...
View ArticleTree Farm’s Chapter 12 Case Dismissed
A Roanoke U.S. Bankruptcy Court refuses to confirm debtor tree farm’s fourth amended Chapter 12 plan and denies leave to amend, as it concludes reorganization for the family tree farm is objectively...
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