Eastern District

Lansdowne Constr., In re

Ruling: 
Court rejected creditor's defense that payment was not a preference because it was by jointcheck, as there was not an enforceable, non-avoidable, joint check agreement. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Lansdowne Constr., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-018

Willner, In re

Ruling: 
Debtor was not eligible for Chapter 13 as his secured debt exceeded the 11 U.S.C. § 109(e)limit. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Willner, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-004

Toys "r" Us, In re

Ruling: 
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
ABI Membership is required to access the full summary of Toys "r" Us, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-037

Nimitz, In re

Ruling: 
Creditor violated the automatic stay for failure to release a garnishment upon the filing ofdebtor's bankruptcy petition. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Nimitz, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-076

Romano, In re

Ruling: 
Creditor's claim was dischargeable where she failed to establish that debtor never intended tocomplete renovations and make necessary repairs following closing. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Romano, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 15,2019, LexisNexis #1219-038

Lopez, In re--Lopez v. Specialized Loan Servicing LLC

Ruling: 
Chapter 13 debtor could strip off an unsecured lien from real property held in joint tenancywith right of survivorship with a non-debtor. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Lopez, In re--Lopez v. Specialized Loan Servicing LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 07,2019, LexisNexis #1219-004

Dowd, In re

Ruling: 
U.S. Trustee's motion to dismiss bankruptcy case was granted as the presumption of abusearose in the case and had not been rebutted by special circumstances. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Dowd, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2019, LexisNexis #1119-095

Cheeks, In re

Ruling: 
Relief from stay was granted to permit creditors to record a trustee's deed and to exercise theirstate law remedies as legal title was in the name of debtor’s husband and the property wasnever property of debtor's bankruptcy estate. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Cheeks, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 12,2019, LexisNexis #1019-006

Circuit City Stores, In re

Ruling: 
Amendment to 28 U.S.C. § 1930(a)(6) was unconstitutional as applied to the debtor's case dueto its lack of uniformity with respect to pending chapter 11 bankruptcy cases. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Circuit City Stores, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 01,2018, LexisNexis #0919-047

Mammen, In re

Ruling: 
Motion to reopen bankruptcy case was granted as § 522(f)(2)(C) did not bar the avoidance of abank's foreclosure deficiency judgment. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Mammen, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-008

Pages

Subscribe to Eastern District