West Virginia Southern District

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

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When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

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Serving a summons and complaint by certified mail is ineffective without a return receipt.

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Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

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Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.

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