In re Jones, Case No. 09-14499-BFK The Debtor filed a motion for contempt based on the confirmation order based and how Capital One reported the debtors account to the credit rating agency. The Chapter 13 plan contained a provision that “if a creditor reports to the consumer reporting agencies the receipt and timeliness of the [...]
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 [...]
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 [...]
In re Nwoke; Case No. 07-10324-SSM; March 18th, 2008 This case was before the court on the motion of Tenacity Settlements, LLC (“Tenacity”) for leave to file a complaint to determine the dischargeability of Tenacity’s claim against the debtor to recover a payment made by mistake. Tenacity was not listed as a creditor and not [...]
If you have previously filed a case under the Bankruptcy Code and/or are planning on filing a case without an attorney, there are several important implications to be aware of if you have your case dismissed by missing a filing date or not property filing the required information with the Bankruptcy Court. This post addresses one of those rules and how the Eastern District of Virginia – Alexandria Division used that rule to exclude a serial filing debtor from Bankruptcy relief.
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