2015 Annual Survey: Bankruptcy Law

2015 Annual Survey: Bankruptcy Law

The Honorable Kevin R. Huennekens *

Nathan Kramer **

This survey of bankruptcy and insolvency case law is the third installment in this series, which was initiated in 2009[1] following Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) in 2005.[2] The previous version of this article was published in 2012,[3] not long after the Supreme Court’s 2011 ruling in Stern v. Marshall, which restricted the authority of bankruptcy courts to issue final judgments on issues arising under state law.[4] As was noted in the 2012 installment, “[t]he full impact of Stern both nationally and in the Fourth Circuit remains to be seen.”[5] There has been a significant amount of development concerning Stern claims both nationally and within the Fourth Circuit in the past three years.[6] It is fitting that this installment should come on the heels of the Supreme Court’s decision in Wellness International Network, Ltd. v. Sharif, which has resolved many of the issues posed by Stern, at least for the time being.[7] More generally, the Supreme Court has decided an abnormally large number of bankruptcy cases in the past few years.

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*    Judge, United States Bankruptcy Court, Eastern District of Virginia, Richmond, Virginia. J.D., 1978, Marshall-Wythe School of Law at the College of William & Mary; B.A., 1975, College of William & Mary.

**   Associate, Hunton & Williams LLP, Richmond, Virginia. J.D., 2014, University of Richmond School of Law; B.A., 2011, Marywood University. Former Law Clerk to the Honorable Kevin R. Huennekens, United States Bankruptcy Court, Eastern District of Virginia, Richmond, Virginia, 2014–15.

        [1].    Hon. Douglas O. Tice, Jr., Suzanne E. Wade & K. Elizabeth Sieg, Annual Survey of Virginia Law: Bankruptcy Law, 44 U. Rich. L. Rev. 201 (2009).

        [2].    Pub. L. No. 109-8, 119 Stat. 23 (2005) (codified as amended in scattered sections of 11 U.S.C.).

        [3].    Hon. Douglas O. Tice, Jr., K. Elizabeth Sieg & David W. Gaffey, Annual Survey of Virginia Law: Bankruptcy Law, 47 U. Rich. L. Rev. 51 (2012).

        [4].    131 S. Ct. 2594, 2620 (2011).

        [5].    Tice, Sieg & Gaffey, supra note 3, at 51.

        [6].    “‘Stern claims’ are those claims designated core claims by the Bankruptcy Statute, but prohibited from final resolution by bankruptcy courts as a constitutional matter by Stern.” Shaunna D. Jones & Paul V. Shalhoub, Supreme Court Provides Guidance to Bankruptcy Courts in Addressing “Stern Claims” and Holds That “Stern Claims” May Proceed as Non-Core Claims, Willkie Farr & Gallagher LLP 2 (June 18, 2014), http:// www.willkie.com/~/media/Files/Publications/2014/06/Supreme_Court_Provides_Guidance_ _to_Bankruptcy_Courts_in_Addressing_Stern_Claims.pdf.

        [7].    135 S. Ct. 1932 (2015).

 

2015 Annual Survey: Bankruptcy Law

2015 Annual Survey: Civil Practice and Procedure

John R. Walk *

Jaime B. Wisegarver **

This article surveys recent significant developments in Virginia civil practice and procedure. The article discusses opinions of the Supreme Court of Virginia from June 2014 through June 2015 addressing noteworthy civil procedure topics, amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2015 session that relates to civil practice.

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* Shareholder, Hirschler Fleischer, P.C., Richmond, Virginia. J.D., 1980, University of Richmond School of Law; B.A., 1977, College of William & Mary.

** Associate, Hirschler Fleischer, P.C., Richmond, Virginia. J.D., 2010, University of Richmond School of Law; B.A., 2005, University of Virginia.

2015 Annual Survey: Bankruptcy Law

2015 Annual Survey: Criminal Law and Procedure

Aaron J. Campbell *

This article surveys developments in Virginia criminal law and procedure from June 2014 through June 2015. Of the many judicial opinions and legislative enactments, the author has endeavored to select those with the most impact on the practice of criminal law in Virginia.

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*   Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia. J.D., 2009, University of Richmond School of Law; B.A., 2002, Concord University.

2015 Annual Survey: Bankruptcy Law

2015 Annual Survey: Election Law and Government Ethics

Christopher R. Nolen *

Jeffrey S. Palmore **

While the 2014–2015 period brought relatively modest changes to election law, it saw substantial changes in Virginia’s ethics laws for legislators, other public officials, and lobbyists. This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia’s election and ethics laws. Consequently, not every election-related bill approved by the General Assembly is discussed.

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    *    Partner, McGuireWoods LLP, Richmond, Virginia. J.D., 1999, George Mason University School of Law; B.A., 1992, Virginia Polytechnic Institute & State University.

             **   Associate, Reed Smith LLP, Richmond, Virginia. J.D., 2009, Marshall-Wythe School of Law, College of William & Mary; B.A., 2000, College of William & Mary.

2015 Annual Survey: Bankruptcy Law

2015 Annual Survey: Taxation

William L.S. Rowe *

Emily J.S. Winbigler **

This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Each section covers legislative activity, judicial decisions, and selected opinions from the Virginia Department of Taxation (the “Department”) and the Virginia Attorney General over the past year.

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* Partner, Hunton & Williams LLP, Richmond, Virginia. J.D., 1973, University of Virginia School of Law; B.A., 1970, Washington and Lee University.

** Associate, Hunton & Williams LLP, Richmond, Virginia. J.D., 2009, University of Iowa, Order of the Coif; B.A., 2004, The College of William & Mary.

2015 Annual Survey: Bankruptcy Law

2015 Virginia Annual Survey: Wills, Trusts, and Estates

William Gray, Jr. *

Katherine E. Ramsey **

The inactivity of Virginia’s General Assembly and state courts in the area of wills, trusts, and estates, noted in this summary in 2014,[1] continued this year. Legislation was generally limited to clarifications and technical corrections to existing laws on such subjects as creditor protection for certain trust assets, access to digital assets, qualification of personal representatives, and disposition of dead bodies. Three cases dealt with the doctrine of survivorship for administrators, interpretation of shareholder agreements, and the period for seeking removal of an executor.

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  *    Partner, Hunton & Williams LLP, Richmond, Virginia. J.D., 1977, University of Virginia; B.S.I.E., B.A., 1973, Rutgers University.

**   Partner, Hunton & Williams LLP, Richmond, Virginia. J.D., 1998, University of Virginia; M.S., 1988, Boston University; B.A., 1986, Virginia Polytechnic Institute and State University.

        [1].    J. William Gray, Jr. & Katherine E. Ramsey, Annual Survey of Virginia Law: Wills, Trusts, and Estates, 49 U. Rich. L. Rev. 211, 211 (2014).

 

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