A debt is liquidated when it is certain what is due and how much is due. Roberts v. ...
Bankruptcy Court for the Eastern District of Virginia Court Cases
On November 4, 1994, ALI, Inc. (ALI) filed an involuntary Chapter 11 petition against Cold Harbor Associates, L.P. (Cold Harbor) as a sole petitioning creditor in an effort to resolve a dispute between the parties concerning a nonrecourse note on which payments were not being made held by ALI and secured by deed of trust on the Cold Harbor Shopping Center, the principal asset of Cold Harbor, exclusive of the adjacent unimproved parking lot properties, also owned by Cold Harbor. The nonrecourse [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 94-33996-S
In Re WBQ Partnership (1995)The case at bar presents two questions for decision: whether the Chapter 11 debtor may sell nearly all its assets under 11 U.S.C. § 363(f) before filing a disclosure statement and liquidation plan, and if the sale is permissible under § 363(f), whether the Court can enjoin a creditor of the debtor from initiating a collection action against the third-party buyer. As to the first question, the debtor, WBQ Partnership, has moved to sell virtually all its assets, as part of its decision to [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 93-10586-AB. Adv. No. 95-1246
In Re AH Robins Co., Inc. (1998)
This matter comes before the Court on the Motion of the United States Trustee ("the UST") to Compel A.H. Robins Company, Inc. to Pay Quarterly Fees pursuant to 28 U.S.C. § 1930(a)(6). This is a core proceeding over which the Court has jurisdiction under 28 U.S.C. §§ 157(b)(2)(A) and 1334. Venue is proper under 28 U.S.C. § 1409.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 85-01307
This proceeding requires us to determine, as a threshold matter, whether this Court has jurisdiction to hear a state-law action that the debtor commenced after the order confirming the debtor's plan had become irrevocable and after a final decree had been entered, closing this Chapter 11 case. For the reasons that follow, we conclude that we lack subject-matter jurisdiction, and accordingly, we dismiss this adversary proceeding in its entirety.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 92-11243-AB. Adv. No. 94-1422
In Re McKnew (2001)
This matter comes on for trial of the Complaint of KMK Factoring, L.L.C. and Diversified Investments, L.P. to determine the dischargeability of certain indebtedness the debtor, William C. McKnew, allegedly owes them, respectively. This opinion constitutes the Court's findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy Procedure 7052.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 00-51364-S. Adversary No. 01-5005
In Re Scott (1992)This cause comes before the Court on the February 18, 1992, objection by Call Federal Credit Union ("Call") to confirmation of the debtor's Chapter 13 Plan. A hearing on the objection was held March 18, 1992, at which evidence was presented and arguments of counsel were heard. At the conclusion of the hearing this Court ordered briefs to be submitted by the parties. Philip Morris Deferred Profit Sharing Plan was authorized to file a brief amicus curiae. Oral argument was heard on May 12, 1992. [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 91-34119
In Re Pajot (2007)Hearings were held on November 8, 2006, January 10, 2007, and April 17, 2007, on objections to confirmation filed by secured creditors in each of these four cases filed under chapter 13 of the Bankruptcy Code. Four different creditors object to confirmation of the debtors' proposed chapter 13 plans because the plans attempt to bifurcate the relevant secured creditor's claim into an unsecured and a secured portion. The debtors are all represented by the same counsel. The collateral at issue in [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: 06-31446-DOT, 06-31861-DOT, 06-31734-DOT, 06-33159-DOT
In Re Freeman (1987)This matter comes before the Court upon the filing by Claude Martin Freeman and Katherine Riggs Freeman ("Freemans" or "Debtors"), the debtors herein, of a complaint to compel turnover of property and for a determination that Eli Lilly Federal Credit Union ("Eli Lilly"), the defendant herein, does not hold a claim secured by said property. A pretrial conference was convened in this proceeding on July 30, 1986, and upon the representation of the parties that the facts were substantially [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 86-00472-R, Adv. No. 86-00257-R
Timothy C. Watson (2005)This matter came on for hearing on November 3, 2005, upon the filing by the above-captioned Debtor of a Certificate of Exigent Circumstances ("Original Certificate") and his request for a 30-day extension of the requirement to obtain credit counseling pursuant to 11 U.S.C. § 109(h). The Debtor filed his Chapter 11 bankruptcy petition on October 20, 2005, and likewise filed the Certificate of Exigent Circumstances on the same date. On October 26, 2005, the United States Trustee filed a Response [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: 05-77864-DHA
In Re Nvr Lp (1997)On October 23, 1995, the debtors-in-possession in these consolidated Chapter 11 cases moved the court to construe a section of their confirmed plan as requiring taxing authorities in Pennsylvania and Maryland to refund certain real property transfer and recordation taxes. On April 4, 1996, the court entered a declaratory judgment order under Fed.R.Bankr.P. 3020(d) granting the debtors' motion. Just days before, however, the Supreme Court had held in Seminole Tribe of Fla. v. Florida, ___ U.S. [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 92-11704-T
In Re Cherry (2000)
This matter came on for trial, on February 8, 2000, upon the Complaint of Arthur Lee Cherry, III ("Cherry") against Dennis M. Arendall ("Arendall"). This Memorandum Opinion and Order constitutes the findings of fact and conclusions of law of this Court pursuant to Federal Rule of Bankruptcy Procedure 9012.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 93-21955-B. Adversary No. 99-2148-S
In Re Winokur (2007)These cases are before the court on the trustee's objection to confirmation of the debtors' chapter 13 plans. In each case, the debtors are above-median income debtors who proposed plans providing for payment during the applicable commitment period of amounts equal to or greater than the amounts computed in accordance with § 1325(b)(2) but less than their actual net disposable income. The trustee objects, arguing that § 1325(b) is not satisfied unless all of the debtor's actual net disposable [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: 06-10735-RGM, 06-11123-RGM, 06-10503-RGM
This matter came on for hearing on April 22, 2008, upon the Objection to Claim Number 1, Objection to Claim Number 9, and the Motions for Sanctions (collectively, "the Claim Objections") filed by the debtors, Jamy Monte Varona, Jr., and Danielle Demetrius Varona (collectively, "the Varonas"), against Portfolio Recovery Associates, LLC ("Portfolio Recovery"). This matter also came on for hearing upon the Motion for Authority to Withdraw Claim Number 1 and Motion for Authority to Withdraw Claim [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: 07-71761-SCS
In Re Davis (2001)Trial was held on October 13, 2000, on plaintiff Charles R. Johnson, Sr.'s complaint for determination of dischargeability of debt under 11 U.S.C. § 523(a)(4) and (a)(6). At the conclusion of trial, the court ruled in favor of plaintiff on the count under § 523(a)(6), finding the factual record adequate to support a ruling that defendant/debtor Gregory E. Davis had willfully and maliciously injured plaintiff's collateral. The § 523(a)(4) count was taken under advisement. Counsel for [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 99-38108-T. Adversary No. 00-3038-T
In Re Thompson (1995)At issue is whether the defendant, the Board of Trustees of the Fairfax County Police Officers Retirement System (the "Board"), may withhold retirement benefits payable to the debtor, William Reid Thompson, notwithstanding the automatic stay and the discharge injunction. Since 1987, the Board has been withholding benefits from Thompson in order to recover overpayments it made to him during the 1970s and 1980s. Thompson filed his Chapter 7 petition in 1993, and notified the Board of his [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 93-15316-AB. Adv. No. 94-1045
In Re Winebrenner (1994)
In his capacity as former Chapter 7 trustee, Sherman B. Lubman ("The Trustee") brings this matter before the Court on a motion to reopen the Chapter 7 case of D. Kenneth Winebrenner and Maruta Winebrenner ("The Debtors"). Upon consideration of the motion, response to the motion, arguments of counsel, evidence presented at the February 10, 1994 hearing, and briefs submitted after that hearing, the Court makes the following findings of fact and conclusions of law.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 91-32702-S
In Re Porter (1984)This case came on before this Court upon the removal by Herbert Weisberger, a creditor of the debtor, to this Court of a chancery suit between himself and the defendants pending in the Circuit Court of Henrico County, Virginia. Subsequently, Robert E. Hyman, the trustee in bankruptcy for Roscoe M. Porter, Jr., was substituted as the plaintiff in this action and amended the complaint herein in order to state causes of action pursuant to 11 U.S.C. §§ 544 and 548. After notice and hearing, and [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 81-02167-R, Adv. No. 82-0062-R
In Re Bowles (1985)This matter came before the Court on December 26, 1984 for a hearing on confirmation of the debtors' proposed Chapter 13 modified plan filed on December 5, 1984, and it appearing to the Court at that time from a review of the plan and the record in this matter that unresolved questions existed as to the debtors' good faith in proposing their modified plan and whether or not the plan unfairly discriminated against a class of unsecured creditors, the Court took the matter under advisement and [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 84-01537-R
The Court has for consideration the debtor's application for the employment of the law firm of Crews & Hancock as special counsel pursuant to 11 U.S.C. § 327(e), along with this law firm's application requesting the Court's approval of compensation for services rendered as special counsel to the debtor. The debtor's application was filed with the Court on March 17, 1989, and requests the Court to appoint the counsel nunc pro tunc, as of July 29, 1988, the date the chapter 11 petition was [...]
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 88-01656-RT
The debtor, Vecco Construction Industries, Inc. ("Vecco") filed a petition for relief under Chapter XI of the Bankruptcy Act on March 14, 1979. Vecco's four subsidiary corporations filed individual petitions under Chapter 11 in January of 1980. The four subsidiaries seek to consolidate their petitions with that of Vecco.
Court: Bankruptcy Court for the Eastern District of Virginia Docket: Bankruptcy No. 79-224-A