Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Reporting Outstanding Balance or Past Due Payments of Account Included in Ch. 13 Bankruptcy Plan Does Not Violate FCRA
    2018-07-31

    The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an outstanding balance or past due payments does not violate the Fair Credit Reporting Act.

    Filed under:
    USA, West Virginia, Banking, Insolvency & Restructuring, Troutman Pepper, Bankruptcy, Debtor, Credit bureau
    Authors:
    Ethan G. Ostroff , Alice M. Grabe
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court of Appeals for West Virginia upholds summary judgment for consumer against check cashing company
    2018-05-23

    On May 11, the Supreme Court of Appeals of West Virginia affirmed summary judgment for a consumer who alleged a check cashing company and its debt collector violated the West Virginia Consumer Credit and Protection Act (WVCCPA) by contacting her multiple times after being notified of her Chapter 7 bankruptcy filing.

    Filed under:
    USA, West Virginia, Company & Commercial, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Unconscionability in West Virginia Bankruptcy Court
    2010-05-10

    In In re Kohls, 2007 LEXIS 76 (Bankr NDWVa 2007), the debtor filed this adversary proceeding against the Bank to cancel indebtedness and recover damages related to a $34,864 loan that the Bank made to the Debtor on the grounds that the loan was unconscionable at the time it was executed in violation of W. Va. Code § 46A-2-121.

    Filed under:
    USA, West Virginia, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Debtor, Debt, Unconscionability, Refinancing, Capital punishment, United States bankruptcy court
    Authors:
    Jeffrey C. Dunham
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    SB 411 passes West Virginia Senate
    2015-02-27

    Bill could significantly alter medical and financial disclosures in asbestos cases

    West Virginia State Senate passes SB 411, creating the Asbestos Bankruptcy Trust claims Transparency Act and the Asbestos and Silica Priorities Act. Next, the bill goes to the House of Delegates for review and likely passage.

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Product Regulation & Liability, Dinsmore & Shohl LLP
    Authors:
    Anne D. Harman
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    West Virginia bankruptcy courts split on when foreclosure sale is final
    2014-03-14

    As seen in The Community Banker

    Filed under:
    USA, Virginia, West Virginia, Insolvency & Restructuring, Litigation, Real Estate, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Foreclosure, Deed, Trustee, United States bankruptcy court
    Authors:
    David M. Thomas , Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Bankruptcy court says no to trustee's request to dissolve LLC
    2012-12-06

    The trustee in the bankruptcy of an LLC member asked the Bankruptcy Court for a declaration that the LLC was dissolved pursuant to its operating agreement. The operating agreement mandated dissolution upon the bankruptcy of a member, but the court denied the trustee’s motion, relying on provisions in the Bankruptcy Act that trump contractual limitations. In re Warner, 480 B.R. 641 (Bankr. N.D. W.Va. Sept. 27, 2012).

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Bankruptcy, Debtor, Interest, Limited liability company, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Federal court rules CAA/RCRA enforcement action exempt from bankruptcy stay
    2012-07-20

    A federal court in West Virginia has ruled that the U.S. government may proceed with a Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA) enforcement action, even though defendant and its subsidiaries have filed for bankruptcy. United States v. RG Steel Wheeling, LLC, No. 12-19 (N.D. W. Va. 7/9/12).

    Filed under:
    USA, West Virginia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Shook Hardy & Bacon LLP, Resource Conservation and Recovery Act 1976 (USA), Clean Air Act 1963 (USA)
    Authors:
    David Erickson , Mark D. Anstoetter
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP
    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process
    2016-01-13

    “‘Two roads diverged in the woods and I took the road less traveled’ [sic] … and it hurt, man! Not cool, Robert Frost! … But what if there really were two paths?  I want to be on the one that leads to awesome.”
    – Kid President (Robby Novak)

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy filings on the rise as bankruptcy reform approaches third anniversary
    2008-10-20

    October 17, 2008 marked the third anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). This sweeping bankruptcy reform was designed to eliminate bankruptcy as an option for many would-be filers. While there is no doubt BAPCPA impacted bankruptcy filings both nationally and in West Virginia, recent trends suggest filings are on the rise and could reach pre-BAPCPA levels in the foreseeable future.

    The 2005 Boom

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Consumer protection, Economy, United States bankruptcy court
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Reporting Outstanding Balance or Past Due Payments of Account Included in Ch. 13 Bankruptcy Plan Does Not Violate FCRA
    2018-07-31

    The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an outstanding balance or past due payments does not violate the Fair Credit Reporting Act.

    Filed under:
    USA, West Virginia, Banking, Insolvency & Restructuring, Troutman Pepper, Bankruptcy, Debtor
    Authors:
    Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days