“Settlement” doesn’t always settle

Parker v. Bullis, et al., 13-1185-RGM (January 23, 2014) A creditor of the two debtors filed an action objecting to the granting of a discharge to the debtors under Section 727 of the Bankruptcy Code. The parties settled the action and requested the Court’s approval...

Nothing is automatic for bad-faith debtors

Mitrano v. United States, 472 B.R. 706 (April 16, 2012) United States District Court for the Eastern District of Virginia – Alexandria Division In this case, Judge Leone M. Brinkema considered the appeal of a Chapter 13 debtor who was appealing the decision of the...

Questionnable Real Estate Transfers Voidable

In re Nieves, 4th Circuit, January 27th, 2010 This case came before the Fourth Circuit Court of Appeals from a Chapter 7 trustee’s suit, under §§ 544 and 550 of the Bankruptcy code, against immediate and mediate transferees to avoid the transfer of a parcel of real...

Debt incurred in divorce

Mayes v. Mayes; 10-50261; July 26, 2011 This case came before the Bankruptcy Court on the Debtor’s ex-wife’s motion to deny discharge of a debt under 11 U.S.C. § 523(a)(15). The debt at issue was a loan that the Debtor had discharged in his Chapter 7 Bankruptcy which...