Virginia Bankruptcy - Alternatives

The sites below were reviewed for content which is relevant to the Virginia bankruptcy issues appearing within this site. For more information regarding our selection of sites, please see our review policy. If you have further questions, do not hesitate to email us at admin@virginia-bankruptcy.org. We welcome all sites submitted which are relevant to Virginia bankruptcy issues. We respond to all requests within 3 business days.

Financial Resources:

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Recent Notable Opinions from Virginia Bankruptcy Courts

In re Meloy, Case No. 98-31268-T before the Virginia Bankruptcy Court for the Eastern District, Richmond Division, decided August 14th, 2000. The debtors originally filed a petition under Chapter 11. During reorganization, the debtors reaffirmed a debt owed to the defendant bank. Thereafter, the debtors failed to make timely payments as required by the reaffirmation agreement. The bank foreclosed upon RE securing the note and sought reimbursement for the deficiency balance. In response to the bank's attempt to collect the deficiency balance, the debtors then converted their case to Chapter 7 before the Virginia Bankruptcy Court.. All objections in connection with the Chapter 7 case were resolved and debtors received a discharge. Issue before the Virginia Bankruptcy court: Is the bank entitled to recover the deficiency balance following discharge? HELD: in this case, yes, the Virginia Bankruptcy court determined the bank may recover because the reaffirmation agreement was not specifically rescinded in the time allowed by statute. 11 USC 524 provides, in part, "(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if . . . (4) the debtor has not rescinded such [reaffirmation] agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim." In this case, the Virginia Bankruptcy court determined the debtor's  failure to provide proof of notice of recession excluded the debt from the discharge injunction.

Recent Notable Opinions of the Supreme Court of The United States:

Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9, 2002, Decided March 4, 2002. Cornelius and Suzanne Young failed to include payment with their 1992 income tax return filed on October 15, 1993. After filing Ch. 13, the IRS assessed tax liability and the Ch. 13 case was later dismissed for their inability to pay taxes through the plan. A new case initiated under Ch. 7 resulted in discharge of the Young's debts. Under the Code, the IRS generally maintains a priority for payment  for taxes due within three years of filing a petition under 11 USC 507(a)(8)(A)(i). This priority renders recent taxes non-dischargeable according to 11 U.S.C. 523(a)(1)(A). When the IRS subsequently demanded payment after the Ch. 7 discharge, the Youngs filed a motion to reopen their Chapter 7 case and specifically discharge all taxes demanded because liability arose before the 11 U.S.C. 507(a)(8)(A)(i) three-year look-back period. The District Court found for the IRS, holding the look-back period was tolled while the Ch. 13 case was pending, and further concluded the 1992 debt had not been eliminated by the Young's Ch. 7 discharge even though no objection to discharge was filed. The Court of Appeals affirmed. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the Court determined the 11 U.S.C. 507(a)(8)(A)(i) look-back period was tolled during the pendency of the Chapter 13 case upon the filing of the petition. Justice Scalia reasoned the look-back period was tolled by operation of law because the Code does not explicitly prohibit equitable tolling in favor of the IRS. The implication of this decision affects all Virginia bankruptcy cases. The look-back period applicable to taxes assessed by the State of Virginia are also presumably tolled by initiating any Virginia bankruptcy proceeding.

The resources we list relate in some way to filing Virginia Bankruptcy, whether laws, discharge, reorganization or other topics. Vast bodies of law apply to Virginia Bankruptcy proceedings and are incorporated by the courts within each case.