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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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The Partition Ratio ??? The Potential Fallacy of the Breath Machine in Virginia DWI/DUI Cases

The main problem with the ER/IR II (the breath testing machine currently used in Virginia) is that, like all breath testing machines, it has to make certain assumptions about people in general. The problem with any assumption is that all people are

Rising Blood Alcohol Level (BAC) Defense in Virginia DWI/DUI Cases

This argument, commonly referred to as the �??relation back�?? or �??rising curve/BAC�?? defense argument, acknowledges that under Virginia law, the results of a breath test are rebuttable. In other words, if a person�??s BAC is .08 at the time of

Credit Bidding After Philadelphia Newspapers: Dissent 1, Majority 0

Bankruptcy lawyers who are regularly involved in distressed m&a deals have been wondering for the past few months about the potential fallout from Philadelphia Newspapers. In that case, as previously described on this site, the Third Circuit Court of

Summary Judgment Denied On 547(c)(2) Ordinary Course Defense, But Fraudulent Conveyance Claims Dismissed With Leave To Amend

Wahoski v. Classic Packaging Co. (In re Pillowtex Corp.), Adv. Pro. No. 05-30182 (KJC) (April 14, 2010) (J. Carey) John Wahoski, as liquidating trustee of Pillowtex Corporation (the “Liquidating Trustee”) sought to recover $61,761.32 in allegedly

What is 46.2-862 Reckless Driving in Virginia?

There are many different reckless driving statues in Virginia. The two most common forms of reckless driving cited in Northern Virginia are Va. Code Sections 46.2-862 and 46.2-852. Virginia Code Section 46.2-862 provides that �??A person shall be

Judicial or Non-Judicial Foreclosure: Do I Keep My House!

All of the news of late has been about the so-called "robo-signers" at mortgage companies dealing in 23 "judicial foreclosure states", and the impact that an unknown number of potentially improper foreclosures will have on our already troubled real

No Official Equity Committee Was Required Where It Was Unlikely Equity Would Receive Any Distribution And Where Equity Holders' Interests Were Already Sufficiently Represented

US Concrete, Inc., Case No. 10-11407 (PJW) (June 21, 2010) (J. Walsh) In this case, the Court denied the Ad Hoc Equity Committee’s (“AHEC”) motion to appoint an official committee of equity holders because the Court was not convinced equity holders


Altered Ego: New Ninth Circuit Opinion Overrules Previously Well-Settled Law Regarding Exclusive Standing Of Bankruptcy Trustees To Pursue General Claims On Behalf Of The Estate

On October 21, 2010, the Ninth Circuit overruled what many thought to be well-settled law, and held that a bankruptcy trustee does not have standing to pursue alter ego claims, at least in cases governed by California law. The court first held that

District Court Applies FRCP 59(e) In Denying Trustee's Motion To Alter Or Amend Judgment And Amend Complaint

Jeoffrey L. Burtch, Chapter 7 Trustee, Factory 2-U Stores, Inc. et al., v. Milberg Factors, Inc., C.A. No. 07-556-JJF-LPS (D.Del. June 4, 2010) (Farnan, J.) Plaintiff Jeoffrey L. Burtch (“Plaintiff” or Burtch”) is the Chapter 7 Trustee for Factory 2

Permissive Abstention Appropriate Where Claims For Payment Of Outstanding Invoices Centered On Contractual Dispute.

DHP Holdings II Corp. v. Peter Skop Industries, Inc. (DHP Holdings II Corp.), Case No. 08-13422, Adv. No. 09-52811 (August 13, 2010) (J. Walrath) On December 29, 2008 (the “Petition Date”), DHP Holdings II Corporation and several of its affiliates