Is Chapter 7 bankruptcy a good idea in Fauquier County VA - An Overview

A district courtroom erred in dismissing a Commerce Clause problem by out-of-point out health-related providers to Virginia’s necessity for any Certificate of General public Will need previous to opening particular amenities in Virginia; the 4th Circuit affirms dismissal in the companies’ problems beneath the 14th Modification, but reverses dismissal from the Commerce Clause claim.

A person who waived his Rewards less than his ex-wife’s ERISA retirement and coverage ideas in the divorce settlement can't count on the preemption doctrine for defense from a condition court action because of the ex-spouse’s dad and mom to enforce the divorce decree in which husband waived his rights; the 4th Circuit states ERISA would not preempt publish-distribution fits from ERISA beneficiaries.

A former trade association artwork director are not able to overturn an ERISA system administrator’s termination of her extended-phrase disability benefits for migraine problems; the Alexandria U.

Chapter seven is recognized as “straight” bankruptcy or “liquidation.” It demands a debtor to give up property which exceeds sure limits identified as “exemptions”, Hence the property might be offered to pay creditors.

An assistant prosecutor was incompetent, in violation of Rule one.1, in charging a defendant with unlawful possession of a pain-killer drug Despite the fact that defendant had obtained only bogus medication in a law enforcement sting; though the Supreme Courtroom of Virginia states the prosecutor did not violate Rule three.

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A lady terminated for falsifying time information cannot earn her Title VII circumstance alleging she was fired in retaliation for complaining about not becoming allowed to don ripped denims, although Males could wear ripped jeans; the 4th click here for more info Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery.

A mortgage servicing company that ongoing to Get hold of a borrower looking for payment of the loan and refused to contact her attorney, Even though she experienced settled her circumstance, violated the Fair Financial debt Selection Procedures Act as well as Charlottesville U.S. District Courtroom grants summary judgment to your borrower and can listen to proof on her damages.

In this bankruptcy continuing by debtor homeowners’ Affiliation, the bankruptcy courtroom erred in permitting proofs of claim filed by HOA users who say they experienced damages when they fairly relied on Wrong representations about allocation of parking Areas to townhomes without garages; the Alexandria U.

A defendant convicted of drug and firearms offenses according to evidence found out throughout a site visitors stop is not entitled to submit-conviction aid on his declare that his lawyer was constitutionally ineffective in failing to problem the constitutionality in the look for on the passenger compartment; the 4th Circuit says defendant does not have a assert based upon Arizona v. Gant

Police who had staked out a motel wherever they realized a suspect potentially linked to latest financial institution robberies was remaining experienced affordable suspicion to stop a cab that left through the rear on the motel with a passenger ducking down in the back seat in an obvious try to escape detection; the Norfolk Circuit Courtroom denies defendant’s movement to suppress.

House held to be a “joint tenancy by the entirety” is protected against the debts of one of many spouses. This exemption frequently is utilized to shield fairness during the marital dwelling. If there is equity in the home, you might want to be really thorough and do the job intently with your bankruptcy legal professional to plan your use of your exemption.

A plaintiff who refiled a different defamation action after nonsuit of the initial defamation action, which was filed by a bunch of plaintiffs and suffered through the defect of misjoinder, has the advantage of tolling underneath Va. Code § 8.02-229 and her refiled motion is well timed, suggests a Richmond Circuit Courtroom.

In construing a residence settlement arrangement that protected belongings owned from the functions topic to equitable distribution, a trial court docket erred in granting wife an ED award from an account receivable owed to a corporation where spouse had a 50-per cent desire; the Court docket of Appeals reverses the equitable distribution award to wife as well as award of lawyer’s fees.

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