ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

YO

What If My Income Increases After Filing Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is most often used by individuals with few assets in order to finish proceedings as soon as possible. The reason Chapter 7 bankruptcy is so quick when compared to other bankruptcy chapters is because it more or less lets creditors take what they want to satisfy their debts. Things like real property, cars, and other assets are not off-limits in Chapter 7. It can be a real worry, then, for debtors going through Chapter 7 bankruptcy if they suddenly get an increase in income or otherwise obtain assets since they will also be “up for grabs.” If your income increases after filing bankruptcy under Chapter 7, a number of different things could happen. In order to qualify for Chapter 7 bankruptcy, you have to pass a “means test,” which determines whether your income is low enough to make you eligible to file for Chapter 7 bankruptcy. For that reason, if your income has dramatically increased, you may have to switch to a different chapter of bankruptcy. No matter the level of income increase, you should always report it to the court and your creditors. Failure to do so could result in having to pay debt on the creditor’s schedule or even a felony conviction. If you have concerns about your Chapter 7 bankruptcy proceedings, call Young, Marr, Mallis & Associates at (215) 701-6519 and speak to one of our bankruptcy attorneys. Explaining Chapter 7 Bankruptcy Chapter 7 bankruptcy is probably the simplest type of bankruptcy and also the easiest to understand. Chapter 7 provides for the liquidation of assets to satisfy debts. “Liquidation” means selling things for cash, which you then pay to creditors. One of the benefits of Chapter 7 bankruptcy is that you have to do very little. Other chapters will require you to submit payment plans and other forms. You do not have to do that with Chapter 7 bankruptcy. Another benefit is that Chapter 7 bankruptcy resolves itself much, much quicker than other types of bankruptcy. For example, Chapter 13 can take anywhere from three to five years to resolve, while Chapter 7 bankruptcy is usually finished in six months. The downside of Chapter 7 bankruptcy is that creditors can more or less take what they want. Very little, if anything, is off limits in Chapter 7 bankruptcy. So, if you have a sudden windfall, you may think that creditors can dip into that to satisfy their debts. Additionally, you need to pass what is called a “means test” in order to be eligible to file under Chapter 7. If you have too many assets, you will have to file under a different Chapter. What Happens When My Income Increases During Chapter 7 Bankruptcy Proceedings? If your income increases during Chapter 7 bankruptcy proceedings, there are a couple of things you can and should do. First and foremost, you should be happy at the fact that your prospects appear to be improving. More income is always a good thing, and many times, creditors may simply be pleased to hear that their source of repayment is doing better financially. You should, however, still inform all relevant parties of your improved situation, and you may need to submit some forms during this process. Speak with our bankruptcy lawyers about whether you need to inform certain parties or not. If you expect an income increase somewhere down the line when you initially file for Chapter 7 bankruptcy, you need to inform both the court and your creditors about it. This includes things like inheritances and future salary increases that may not have happened yet but will have happened or be in your possession at some point after bankruptcy proceedings start. Some of this income may be able to be collected by creditors as part of the “bankruptcy estate,” but other increases may be off limits. If you have an unexpected increase in income soon after filing under Chapter 7, you should talk to our lawyers immediately, as this could have implications for whether you pass the Chapter 7 means test. You also need to inform the court and creditors because failure to do so has dire legal consequences. Can Creditors Collect My Increased Income in Chapter 7 Bankruptcy? When you file for Chapter 7 bankruptcy, it is based on your financial situation when you make the filing. Accordingly, if you get more income later on, creditors may not be able to access it as it is not displayed in the filings. Creditors would have to request for the repayment schedule to be changed to reflect your new income. Under other circumstances, creditors may be able to access increased income. For example, if the increased income is from an asset, like a business, listed in your Chapter 7 filings, creditors can collect that income to help satisfy their debts. Creditors can also collect income that you were already going to get when you filed but you did not physically possess at the time. In some instances where you have a dramatic increase in income, you may have to swap to a different Chapter of bankruptcy, like Chapter 13. The reason for this is that a large, unaccounted-for income increase can alter whether you qualify under the Chapter 7 means test. Chapter 7 bankruptcy is focused on people with few assets, and you now have a lot of assets. Switching chapters of bankruptcy can be very tricky, so you should let our bankruptcy lawyers handle it. What if I Do Not Report Increased Income Under Chapter 7 Bankruptcy Some plaintiffs may be tempted to hide an increase in income from both creditors and the court. This is a terrible idea, and you should not do it. Any income may alter your ability to continue under Chapter 7, and the court and your creditors need to know about that. If you do not tell creditors about an increase in income, they have the right to have your bankruptcy proceedings ended and start collecting debt on their own schedule. This can be catastrophic for debtors who were previously under great pressure before filing for bankruptcy. In the most serious cases, you could even be charged with bankruptcy fraud – a felony – and you could end up with enormous fines or spend time in prison. Have a Conversation with Our Bankruptcy Attorneys About Your Situation Young, Marr, Mallis & Associate’s bankruptcy attorneys are ready to sit down with you and discuss your situation when you call (215) 701-6519.

SH

SBA EIDL LOANS & CIVIL & CRIMINAL PENALTIES & BANKRUPTCY FILINGS

 SBA EIDL LOANS & CIVIL & CRIMINAL PENALTIES & BANKRUPTCY FILINGS Many people are contacting us, asking if wrongfully applying for or misusing SBA EIDL funds constitutes a crime or could subject them to civil or criminal penalties. The answer depends on the "facts and circumstances" of each case. The first fact to consider is whether the action was a mistake (negligent) or willful. Negligent actions are not criminal, but willful actions may be. Second, what is the dollar amount involved? Was it a misapplication of $25,000.00, $50,000.00, or $1,000,000.00? The SBA and Department of Justice are busy organizations that tend to focus on larger dollar amounts when pursuing criminal actions.Third, were the involved parties part of a criminal gang or ring with prior criminal actions or convictions or first offenders.Fourth, reported criminal cases often involve situations where loans were obtained with no legitimate business purpose. Instead, the funds were acquired through false representations to the SBA, with the intent to steal from or defraud the government. Consequently, wrongfully applying for or misusing SBA EIDL loans can lead to civil or criminal penalties.The SBA loan documents signed by all borrowers say that whoever wrongfully misapplies  SBA loans shall be civilly liable to the Administrator in an amount equal to one-and-one half times the original principal amount of the loan under 15 U.S.C. 636(b).Second in addition, any false statement or misrepresentation to the SBA may result in criminal, civil or administrative sanctions including, but not limited to: 1) fines, imprisonment or both, under 15 U.S.C. 645, 18 U.S.C. 1001, 18 U.S.C. 1014, 18 U.S.C. 1040, 18 U.S.C. 3571, and any other applicable laws; 2) treble damages and civil penalties under the False Claims Act, 31 U.S.C. 3729; 3) double damages and civil penalties under the Program Fraud Civil Remedies Act, 31 U.S.C. 3802; and 4) suspension and/or debarment from all Federal procurement and non-procurement transactions. Statutory fines may increase if amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.Third,if one intentionally misuse the funds, it could be considered fraud, wire fraud, money laundering, false statements, or theft of government funds. which are criminal offenses. Fraudulent use of SBA loan proceeds may lead to  fines, penalties, and potentially imprisonment.Fourth, The dischargeability of SBA EIDL loans in Chapter 7 Bankruptcy is governed by bankruptcy law section  11 U.S.C.A. § 523(a)(2)(B). That section  provides for non-dischargeability of debts obtained by false representation or fraud. Clients with questions about defaulted SBA loans and civil or criminal penalties, or discharging those loans in Bankruptcy should contact Jim Shenwick, Esq  [email protected]  917 363 3391Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

ST

Meet Judge Robinson

Shad Robinson took the bench as the twelfth bankruptcy judge to serve in the Western District of Texas on February 21, 2023. Judge Robinson, by his own telling, took an unlikely path to law school and practicing bankruptcy law. He is fairly unique among his bankruptcy colleagues in that he practiced in a small firm in a small city and practiced both consumer and business bankruptcy. However, he does possess one credential common among the current judiciary in that he clerked for one the Western District Bankruptcy Judges. Practitioners were introduced to Judge Robinson at a brown bag lunch followed several days later at his Investiture Ceremony. This article is taken from those two sessions and questions that Judge Robinson was kind enough to answer.Judge Robinson’s Road to the BenchShad Robinson grew up in Iowa. He played baseball in high school, junior college and college. He gave a lot of credit to his baseball coaches for teaching him dedication and hard work. He did not go to college expecting to attend law school. His father was a fireman and he hoped to be a police officer or an FBI agent. At the end of college, he had a double major in Criminal Justice and Political Science and a double minor in Religion and Philosophy but no job prospects. One of his professors suggested he attend law school.He went to Baylor Law School in part because the climate in Texas was more pleasant than in Iowa. He still had hopes of becoming an FBI agent. After his first two quarters at Baylor, he returned home for the summer. He didn’t have a job so he asked a friend’s dad, who happened to be a bankruptcy judge, if he could volunteer in the court. During the summer of 1997, he spent 4-5 weeks as an intern for Bankruptcy Judge William Edwards of the Northern District of Iowa. He thought bankruptcy was pretty cool. He didn’t want to do something that was boring and bankruptcy was something different every day.After graduating from law school, he applied to be a law clerk for Judge Leif Clark. Judge Clark called him back and said that he was having trouble deciding between Robinson and another candidate. On a Friday afternoon, he gave Robinson an assignment to write a bench memo on a legal issue and have it back to him by 5:00 p.m. the following Monday. He said that he re-wrote it 25 times before sending it off by fax.He began his year with Judge Clark in August 1999. During that year, they wrote 10-12 published opinions as well as 40 unpublished ones.    On one occasion, he wrote a 30 page bench memo to Judge Clark. Judge Clark said that the memo was all well and fine, but asked about subject matter jurisdiction. Mr. Robinson replied that the parties had not raised subject matter jurisdiction.  Judge Clark explained that you always start with subject matter jurisdiction regardless of whether the parties raise it.When Judge Robinson reached the end of his clerkship, he was looking for a place to practice. Judge Larry Kelly told him that if you are good at what you do, you can succeed wherever you go, so you should go where you will be happy. He took a job at Haley & Olson, a small firm in Waco. He said that from day one, his mentor Blake Rasner would hand him files and tell him to go to court. Because he worked for a small firm, he got to do a lot of other practices such as mergers and acquisitions and civil litigation.While at Haley & Olson, he taught Creditor’s Rights and Debtor’s Remedies at Baylor. One time, he learned that his students had been discussing him on social media. He found the group chat, printed it out and attached it to his final exam, asking his students to discuss the ethical issues raised by the discussion. Prior to taking the bench, he was General Counsel for Alliance Bank Central Texas.Q & A With the JudgeBefore Judge Robinson took the bench I sent him some questions to answer. I recently heard back from him. Here is what he had to say:Mr. Sather, thank you for the questions you submitted to me for purposes of writing a short profile in your blog. I wanted to wait before responding so I could reflect on your questions and my experiences since taking the bench. I hope the responses are interesting to you and your readers.Q: I see that you graduated with a degree in Criminal Justice/Political Science and Religion/Philosophy. That is quite a varied set of studies. How did that schooling prepare you to be a bankruptcy lawyer?It was indeed a very diverse set of studies, but I don’t think that undergrad actually prepared me to be a bankruptcy lawyer. That being said, my diverse undergrad studies provided me the opportunity to improve my writing skills, explore my intellectual curiosity in different academic areas, and develop practical skills such as effective communication, critical thinking, and creative problem-solving. The practical skills I first acquired in undergrad were improved in law school, used on a daily basis during my practice, and are certainly utilized as a bankruptcy judge.Q: How did you make the decision to attend law school? Was this something you had always planned?I had no intent to attend law school until the fall semester of my senior year of college. I wanted to be an FBI agent and I was encouraged to attend law school to get an advanced degree to assist in achieving that goal. It was also suggested that I consider learning to fly an aircraft or speak a second language and since I am afraid of heights and learning a second language seemed too difficult at the time, I chose law school! In hindsight, I think it was the right decision.Q: Did you take a bankruptcy class in law school?Yes, I took bankruptcy at Baylor Law School with Professor Larry Bates. I also did an independent study with Professor Bates regarding executory contracts.Q: Did you know that you wanted to practice bankruptcy law when you were in law school?The short is answer is no, I wanted to be an FBI agent. However, during law school I spent three weeks as a volunteer intern for Bankruptcy Judge William Edmonds in the Western District of Iowa. During the three weeks I spent with Judge Edmonds, I enjoyed the diverse factual and legal issues that arose in bankruptcy and wanted to learn more. I returned to Baylor Law School with a strong interest in bankruptcy and then took courses in bankruptcy, secured transactions, creditor’s rights, securities law, tax, management of complex litigation, etc.Q: What did you learn clerking from Judge Clark?Where do I start?! I learned so many things clerking for Judge Clark that I think I could write a book. As we all know, Judge Clark liked to write so I certainly improved my writing skills. Judge Clark also interacted a lot with his law clerks on pending matters and asked tough questions, so I quickly learned the importance of being prepared and understanding the various pieces of the bankruptcy puzzle and how they fit together in a variety of different cases.Q: Where have you practiced since concluding your clerkship? How would you describe your practice?After clerking for Judge Clark, I went to work for Haley & Olson, P.C. in Waco, Texas. My bankruptcy practice consisted of representation of secured and unsecured creditors under chapters 7, 11, 12, and 13. I worked on both consumer and business bankruptcy cases and on all bankruptcy related litigation. I was also fortunate to work on a wide variety of other legal matters such as debt collection and related litigation, workouts, banking compliance, real estate, mergers and acquisitions, and general commercial litigation.Q: Did you have a law firm mentor you would like to mention?I worked with many excellent lawyers at Haley & Olson. I also worked with many outstanding bankruptcy lawyers in Texas and many other jurisdictions. I was fortunate that during my first few years of practice, the senior lawyers at Haley & Olson trusted me to interact directly with clients, gave me the independence to make substantive and strategic decisions, and allowed me to handle complex matters as the lead attorney.Q: Did working in house for a bank change your perspective on the law as opposed to when you worked for a firm?Working in-house for a bank for a short time period, gave me the opportunity to participate at the management level of a financial institution and be involved in a variety of matters including litigation management, contract review, legal compliance, bank regulatory compliance, loan underwriting, general corporate legal matters, and strategic planning. I don’t think that it changed my perspective on the law, but it allowed me to diversify my legal knowledge and also experience being the client when dealing with outside counsel.Q: What are some of the most important cases that you have worked on and why?I know it’s a cliché, but I believe every case is important to the parties in that particular case, so I treated every case I worked on the same whether it was five thousand, fifty thousand, or fifty million dollars.If I had to pick a few cases, as a third-year lawyer, I defended a preference case filed by Enron that involved complex financial transactions and contentious issues related to reasonably equivalent value, intercompany debt, cash management systems, and application of the Texas construction trust fund statute. In the Schlotzsky’s bankruptcy, I represented the purchaser of the debtor’s assets as lead counsel and later represented the former Schlotzsky’s board of directors in litigation regarding alleged breach of fiduciary duty claims. I was also lead counsel for ERCOT on some general bankruptcy matters in Lehman Brothers and several other bankruptcy cases in various jurisdictions. I was also lead counsel for a large supplier and critical vendor in the Takata bankruptcy. Q: If the answer is different, what are some of the most personally significant cases you have worked on and why? Generally, the same answer. I sincerely believe every case is significant to the parties in that particular case, so I treated every case with the same effort and focus while being aware of, and sensitive to, the economic realities of each case. In fact, in small cases I often elected to substantially reduce my time or cut all of my time to make my services economically feasible for the client. Q: How do you feel about sitting on the same bench where Larry E. Kelly once sat? I appeared in front of Judge Kelly frequently and had such great respect for him and I am honored to now sit on the same bench he once occupied. During my years of practice, the Western District has been blessed with competent, hard-working, and well-respected judges and I will certainly strive to maintain the high standards established by my predecessors. Q: What are some of the things you did to prepare for taking the bench since your appointment? I observed hearings before all of the Western District Judges (both in-person and via Webex). I had general discussions with Judge King, Judge Gargotta, Judge Mott, and Judge Parker regarding their courtroom practices and asked them many questions about how and why they did certain things. I also read many of the opinions of my colleagues that are posted on the Western District website and studied written materials provided to new Federal Judges by the Federal Judicial Center. Since taking the bench, I have attended Phase I and Phase II of new judge school, I have attended several functions with the Austin bankruptcy bar, and met with the members of the Austin Bankruptcy Bar-Court Liaison Committee. Q: Are there any practice areas that you are likely to encounter as a judge that were not part of your law firm experience and how do you intend to prepare for those areas? Bankruptcy cases involve so many different areas of law: state law, intellectual property, tax, employment, family, probate, insurance, environmental, etc. When I encounter an area of law or issue that I am not familiar with, I will review and consider the pleadings/briefing provided by the parties and then my law clerks and I will discuss the issues, conduct our own research, and collaborate so that we understand the issues and I can apply the law to the facts and make the correct decision.Q: What advice would you give to a lawyer appearing before you on a contentious case?Be prepared. Comply with the local rules. Be on time for all hearings. Cite statutes, rules, and cases in pleadings. Accurately represent the facts and the law. I will probably ask questions so you should know your case well enough to accurately answer my questions. Pay attention to details. Make sure the relief requested in the Motion/Complaint matches the form of order/judgment. Promptly respond to emails from my law clerks (and copy opposing counsel). Provide reasonable and accurate time estimates. Confer and work through discovery and evidentiary disputes, if possible. Confer prior to the hearing and stipulate to exhibits, if possible. Be prepared, did I mention that?!Q: What is a personal challenge that you have had to overcome in your life?A challenge I frequently encountered and had to overcome was being perceived by opposing counsel as a small-town lawyer that was not competent or didn’t know what I was doing in complex litigation or a large Chapter 11 bankruptcy case.Q: What do you enjoy doing when you are not working?When I am not working, I enjoy spending time with my family, traveling, playing board games, and enjoying new experiences. My wife and I also enjoy good restaurants (Austin has so many great restaurants). She is also trying to get me to watch television shows and movies, but I am not really entertained by watching TV unless it is college sports or the news. I am from Iowa originally and a huge Iowa Hawkeye fan so if an Iowa game is on TV I am likely watching.Q: What do you think your approach will be to when you hold hearings live in the courtroom and when you hold them virtually?Although we have all adapted to virtual hearings over the last few years, I personally prefer having hearings live in the courtroom. I expect that I will continue to set more hearings live in the courtroom, especially if they are evidentiary hearings or involve complex issues and/or extensive legal argument. Virtual hearings are generally acceptable for announcements, status conferences, reaffirmation agreements, motions for continuance, and other similar type of non-evidentiary hearings. I am currently holding the Chapter 13 dockets in Austin and Midland via Webex, but per guidance from the Judicial Conference regarding limits on remote access I am reviewing our Chapter 13 hearing procedure and discussing the same with Judge Bradley.

SH

Defaulted SBA EIDL Loans: In Reversal, U.S. to Heighten Efforts to Collect Billions in Unpaid Covid Loans

 The Washington Post Business Edition is reporting that in a reversal of policy the U.S. Government will heighten efforts to collect $30 Billion of defaulted SBA EIDL loans by referring those loans to Treasury Direct for collection. This is a reversal of  SBA policy where the SBA had stated that they would not seek to collect defaulted SBA loans under $100,000.00Clients with questions about defaulted SBA loans should contact Jim Shenwick, Esq. 917 363 3391  [email protected] click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minJim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!------SBA EIDL Loan Defaults and the Statute of Limitations 12-24-2023https://shenwick.blogspot.com/2023/12/sba-eidl-loan-defaults-and-statute-of.htmlSBA EIDL Penalties if an SBA EIDL Loan is Not Repaidhttps://shenwick.blogspot.com/2023/12/sba-eidl-penalties-if-sba-eidl-loan-is.htmlMisuse or Misapply SBA EIDL Loan Proceeds and Chapter 7 Bankruptcy Filingshttps://shenwick.blogspot.com/2023/08/misuse-or-misapply-sba-eidl-loan.htmlSBA EIDL HARDSHIP PROGRA Mhttps://shenwick.blogspot.com/2023/07/sba-eidl-hardship-program.htmlDefaulted SBA EIDL Loans, Limited Liability Company (LLC) and Cancellation of Debt Income (COD) under Section 108 of the Internal Revenue Codehttps://shenwick.blogspot.com/2023/07/defaulted-sba-eidl-loans-limited.htmlOffers In Compromise ("OIC") for Defaulted SBA EIDL loans and Section 108 of the Internal Revenue Code ("IRC"), Relief of Indebted Income, a Trap for the Unwary!https://shenwick.blogspot.com/2023/05/offers-in-compromise-oic-for-defaulted.htmlEIDL LOAN WORKOUTS AND BANKRUPTCY  https://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.htmlEIDL Loan Default Questions & Answers https://shenwick.blogspot.com/2022/10/eidl-loan-default-questions-answers.htmlEIDL LOAN DEFAULT DOCUMENT REVIEW, WORKOUT, BANKRUPTCY FILING & OFFER IN COMPROMIS Ehttps://shenwick.blogspot.com/2022/07/eidl-loan-default-document-review.htmlEIDL Defaulted Loanshttps://shenwick.blogspot.com/2022/07/eidl-defaulted-loans.htmlNew Relief Program for SBA EIDL Borrowers Who are Having Difficulty Repaying EIDL Loans " Hardship Accommodation Plan"https://shenwick.blogspot.com/2023/05/new-relief-program-for-sba-eidl.htmlEIDL LOANS and SBA OFFER IN COMPROMISE PROGRA Mhttps://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.htmlPPP & EIDL Fraudhttps://shenwick.blogspot.com/2022/08/ppp-eidl-fraud.htmlBetter to connect-What small business owners need to know about repaying loans tied to pandemic relief from the SBA EIDL Loanshttps://shenwick.blogspot.com/2022/11/better-to-connect-what-small-business.html

SH

IRS Grants Automatic Relief To Millions In Taxpayer Penalty Waivers

 IRS Grants Automatic Relief To Millions In Taxpayer Penalty WaiversThe story can be found at https://www.pelhamplus.com/finance/irs-grants-automatic-relief-to-millions-in-taxpayer-penalty-waivers/Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

RO

We Win Our Appeal–Chapter 13

Robert traded his 2007 Ford Mustang on a new Ford Focus shortly before filing Chapter 13 bankruptcy. Virginia bankruptcy lawyer Kaitlin Vaillancourt worked with me on this Chapter 13 appeal. Thomas Gorman, the Chapter 13 trustee, objected that was “bad faith.” Robert said it was prudent planning–he needed a newer, more efficient car to get through a five year Chapter 13 plan. The bankruptcy judge agreed with Robert. And today the US District Court affirmed. You can read it here. Wolf appeal decision

RO

We Win Our Appeal–Chapter 13

Robert traded his 2007 Ford Mustang on a new Ford Focus shortly before filing Chapter 13 bankruptcy. Virginia bankruptcy lawyer Kaitlin Vaillancourt worked with me on this Chapter 13 appeal. Thomas Gorman, the Chapter 13 trustee, objected that was “bad faith.” Robert said it was prudent planning–he needed a newer, more efficient car to get through a five year Chapter 13 plan. The bankruptcy judge agreed with Robert. And today the US District Court affirmed. You can read it here. Wolf appeal decision

RO

Where is the Northern Virginia Bankruptcy Court? Where are the Northern Virginia bankruptcy hearings?

The bankruptcy court in Alexandria VA serves all of Northern Virginia. The Virginia bankruptcy court is a federal court. The Federal Court system divides Virginia into Eastern and Western districts. We’re in the Eastern District, Alexandria Division The Eastern District has four divisions: Alexandria, Richmond, Newport News and Norfolk. The Alexandria Virginia Bankruptcy Court serves Alexandria, Arlington, Falls Church, Fairfax, Fairfax City, Loudoun, Prince William, Manassas and Manassas Park, Fauquier, and Stafford.

RO

Where is the Northern Virginia Bankruptcy Court? Where are the Northern Virginia bankruptcy hearings?

The bankruptcy court in Alexandria VA serves all of Northern Virginia. The Virginia bankruptcy court is a federal court. The Federal Court system divides Virginia into Eastern and Western districts. We’re in the Eastern District, Alexandria Division The Eastern District has four divisions: Alexandria, Richmond, Newport News and Norfolk. The Alexandria Virginia Bankruptcy Court serves Alexandria, Arlington, Falls Church, Fairfax, Fairfax City, Loudoun, Prince William, Manassas and Manassas Park, Fauquier, and Stafford.

RO

What’s a Judicial District in Virginia for FDCPA Purposes

The FDCPA requires that a debt collector sue you in the right judicial district. Virginia is divided into Judicial Districts. You can see that map here. In Northern Virginia, most district are one county. But Loudoun and Fauquier share one district. Stafford is in with Fredericksburg and Spotsylvania. So if you live in Stafford, they can sue you in Spotsy. And if you live in Fauquier, they can sue you in Loudoun. Right? That’s what we thought. But the Seventh Circuit just came down with a new rule for FDCPA Venue. They said basically if there’s a separate courthouse in each county, then they have to sue you in the right county. Now the Seventh Circuit is over in the mid-west. The Fourth circuit are the judges that oversee the courts in Virginia. So this Seventh Circuit rule does not necessarily apply here. But it might. I hate it when debt collectors do illegal stuff to my bankruptcy clients. And I sue them when I can. So I’m keeping an eye on whether other judges agree with the Seventh Circuit on this.