Lost in Bank’s Computer System: Violation of Discharge Injunction

April 14, 2008

Zombro v. SunTrust; AP No. 06 – 1166; April 14, 2008 This case involved a credit card account and a deed of trust at SunTrust bank. The first legal issue the court addressed was whether or not the debtor would be allowed to amend their complaint  against the bank. To this the court decided that [...]

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No excuse not to have credit counseling course

April 11, 2008

In re Houston; Case No. 08-11848; April 11th, 2008 The debtor in this case filed a Chapter 13 without yet having the necessary credit counseling certificate.  Instead of this certificate, she filed a certification of exigent circumstances stating that she will be evicted without the court’s protection. The court cites Bankruptcy Code §109(h)(3)(A) which allows [...]

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Bankruptcy and Virginia Corporate Law

April 10, 2008

In re Cummings; Case No. 07-13758-SSM; April 10th, 2008 Lawsuit brought in bankruptcy case highlights core aspects of Virginia corporate law Individual debtor filed a Chapter 11 under the bankruptcy code to reorganize her debts.  The debtor then brought an action for breach of contract arising from the sale of a business, a declaratory judgment [...]

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