CHAPTER 1: DEEDS OF TRUST
1.1 INTRODUCTION
1.101: In General
1.102: Limitations Periods
1.103: Foreclosure by a Trustee
1.104: Deed in Lieu of Foreclosure
1.105: Judicial Foreclosure
1.2 THE TRUSTEE
1.201: Eligibility
1.202: Duties
1.203: Substitution of Trustee
1.204: Trustee as Purchaser
1.205: Statute of Limitations
1.3 INITIAL PROCEDURES
1.301: Documentation
1.302: Commissioner of Accounts
1.303: Due Diligence
1.304: Title
1.305: Notice
1.306: Advertising
1.4 THE SALE
1.401: Place
1.402: Terms
1.403: Conduct of the Sale
1.404: Postponement
1.405: Adequacy of the Bid
1.406: Conclusion of the Sale
1.5 SETTLEMENT AND ACCOUNTING
1.501: The Trustee’s Deed
1.502: Recordation Tax
1.503: Failure of the Purchaser to Comply with the Bid
1.504: Distribution of the Proceeds
1.505: Release of the Deed of Trust
1.506: Report to the Commissioner of Accounts
1.507: Consumer Protection Act
APPENDIX 1-1: ADDITIONAL FORM FOR CERTIFICATE TO EXTEND ENFORCEABILITY OF THE DEED OF TRUST OR MORTGAGE
APPENDIX 1-2: SUBSTITUTION OF TRUSTEE
APPENDIX 1-3: LETTER TO DEBTOR
APPENDIX 1-4: NOTICE OF ACCELERATION
APPENDIX 1-5: TRUSTEE'S SALE OF REAL ESTATE NEWSPAPER AD
APPENDIX 1-6: LETTER TO NEWSPAPER
APPENDIX 1-7: ADDITIONAL TERMS OF SALE
APPENDIX 1-8: PURCHASER'S CONTRACT WITH TRUSTEE
APPENDIX 1-9: TWO-PARTY TRUSTEE'S DEED
APPENDIX 1-10: THREE-PARTY TRUSTEE'S DEED
APPENDIX 1-11: ACCOUNT OF FORECLOSURE SALE UNDER DEED OF TRUST
APPENDIX 1-12: NOTICE
CHAPTER 2: ENFORCEMENT OF SECURITY INTERESTS
2.1: IN GENERAL
2.2: THE IMPORTANCE OF THE PARTIES’ AGREEMENT IN ESTABLISHING THE RIGHTS AND REMEDIES OF THE SECURED PARTY AND THE DEBTOR
2.201: The Importance of Default
2.202: Rights and Remedies Arising Only from the Parties’ Agreement
2.3 POSSESSION
2.301: In General
2.302: Possession Under the U.C.C.—“Self-Help”
2.303: Judicial Action by the Secured Party to Obtain Possession
2.304: Bankruptcy
2.305: Duties of a Secured Party in Possession
2.4 SALE OR OTHER DISPOSITION
2.401: In General
2.402: Sale of Collateral
2.403: Conditions of Sale
2.404: Provisions of U.C.C. Article 2
2.405: Notice
2.5 PRIVATE SALES
2.501: Commercial Reasonableness
2.502: Notice of Sale to the Debtor
2.503: Purchase by the Secured Party at a Private Sale
2.6 PUBLIC SALES
2.601: Notice
2.602: Waiver of Notice
2.603: Waiver of Public Sale
2.604: Commercial Reasonableness
2.605: Purchase by the Secured Party
2.7 RETENTION OF THE COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATIONS
2.701: Proposal to Retain Collateral
2.702: Objection
2.8 SPECIAL RULES FOR THE DISPOSITION OF CONSUMER GOODS AND INVESTMENT SECURITIES
2.801: Consumer Goods
2.802: Compliance With the Securities Act
2.9 APPLICATION OF PROCEEDS OF SALE OR OTHER DISPOSITION
2.901: Priority
2.902: Surplus
2.10 RIGHTS OF REDEMPTION
2.1001: Debtor or Owner
2.1002: Others
2.11 DEBTOR’S REMEDIES FOR IMPROPER DISPOSITION
2.1101: Failure to Follow Title 8.9A Procedures
2.1102: Action in Which Deficiency or Surplus Is in Issue
2.12: “LENDER LIABILITY” ISSUES
APPENDIX 2-1: "EVENTS OF DEFAULT" PROVISION FOR SECURITY AGREEMENT
APPENDIX 2-2: PROVISION FOR SECURITY AGREEMENT COVERING ACCOUNTS, CHATTEL PAPER, OR INSTRUMENTS
APPENDIX 2-3: PROVISION FOR AGREEMENT REQUIRING THE COLLATERAL TO BE ASSEMBLED AT A GIVEN LOCATION
APPENDIX 2-4: ACKNOWLEDGMENT OF DEFAULT AND WAIVER OF RIGHTS OF REDEMPTION AND NOTIFICATION OF SALE
APPENDIX 2-5: PROVISION FOR AGREEMENT ALLOWING THE SECURED PARTY TO ENTER THE DEBTOR'S PREMISES
APPENDIX 2-6: VERIFIED PETITION FOR ENTRY OF AN ORDER OF SEIZURE IN DETINUE
APPENDIX 2-7: ORDER OF SEIZURE IN DETINUE
APPENDIX 2-8: NOTICE OF SALE OR OTHER DISPOSITION
CHAPTER 3: MECHANICS’ LIENS 3.1: IN GENERAL
3.101: Statutory Creation
3.102: Statutory Construction
3.2: WHO MAY CLAIM THE LIEN
3.201: Identifying a Mechanic’s Lien Claimant
3.202: Statement Declaring Intention to Claim the Benefit of a Lien Required.
3.203: Laborers and Suppliers
3.204: Architects, Engineers, and Surveyors
3.205: General Contractors and Subcontractors
3.3: PROPERTY SUBJECT TO THE LIEN
3.301: In General
3.302: Public Property
3.303: Multiple Contracts, Lots, Units, or Buildings
3.304: Utility and Paving Contractors
3.305: Leased Property
3.306: Condominiums
3.307: Time-Share Property
3.4: PERFECTING THE LIEN
3.401: The 90-Day Rule
3.402: “Completed or Otherwise Terminated”
3.403: Replacement Materials; Open Accounts
3.404: Certification of Mailing
3.5: MECHANICS’ LIEN AGENTS
3.501: In General
3.502: Designating the Mechanics’ Lien Agent
3.503: Posting the Building Permit
3.504: Sufficiency of the Building Permit
3.505: Notice Requirements
3.506: Evidence of Receipt
3.507: Inaccurate Description of the Property
3.508: Time Period for Notice
3.509: Notice After the 30-Day Period
3.510: Determining Whether a Proper Building Permit Has Been Issued
3.511: Amendment of Building Permit
3.512: Exceptions to the Requirement to Notify the Mechanics’ Lien Agent
3.6: AFFIDAVIT VERIFYING PAYMENT FOR LABOR AND MATERIALS 167
3.601: Purchaser to Be Provided Affidavit or Statement at Settlement
3.602: Penalty for Failure to Provide
3.7: THE 150-DAY RULE
3.701: Statutory Basis of Rule
3.702: Cases Construing the Rule
3.8: STATUTORY FORMS FOR THE MEMORANDUM OF LIEN
3.801: The Contractor’s Memorandum
3.802: The Subcontractor’s Memorandum
3.803: Statement Declaring Intention to Claim the Benefit of a Lien Required
3.9: DEFENSES
3.901: Owner’s Priority
3.902: Limitation on the Amount Claimed by Subcontractors and Sub-Subcontractors
3.903: Licensure of Claimant
3.10: PERSONAL LIABILITY OF OWNER OR GENERAL CONTRACTOR 182
3.1001: Remedy Created by Section 43-11 of the Virginia Code
3.1002: Creation of Personal Liability of Owner and General Contractor
3.1003: Priority of the Section 43-11 Claim
3.1004: Owner’s Right to Setoff for Work Not Completed by General Contractor
3.1005: Limitations on Owner’s or General Contractor’s Liability
3.11: ENFORCEMENT OF THE LIEN
3.1101: Complaint
3.1102: Intervening Petition by Other Lienholders
3.1103: Parties
3.1104: When the Suit Must Be Brought
3.1105: Automatic Stay in Bankruptcy
3.1106: Scope of Jurisdiction
3.1107: Sale of the Property
3.1108: Challenging the Validity of Lien
3.1109: Court-Ordered Release
3.1110: Diverting Funds
3.12: PRIORITY OF LIENS
3.1201: In General
3.1202: Priority over Deeds of Trust
3.1203: Priority over Security Interest in Accounts Receivable
3.1204: Priority Among Mechanics’ Liens.
3.1205: Removal of Materials Affixed to the Structure
3.1206: Federal Liens
3.13: ALTERNATIVES TO MECHANICS’ LIENS
3.1301: Civil Suit
3.1302: Statutory Alternatives
3.1303: Threat of Filing
3.1304: Contract Provisions
3.14: MISCELLANEOUS CONSIDERATIONS
3.1401: Assignment
3.1402: Waiver
3.1403: Slander of Title
3.1404: Forfeiture
3.1405: Release or Discharge
3.1406: Attorney Fees
3.15: PRACTICAL EFFECTS OF FILING A LIEN
3.1501: Effect on the Owner
3.1502: Effect on the Claimant’s Business
3.1503: Effect on the General Contractor
3.1504: Effect on the Construction Lender
3.1505: Effect on the Title Agency
APPENDIX 3-1: MEMORANDUM FOR MECHANIC’S LIEN CLAIMED BY GENERAL CONTRACTOR UNDER SECTION 43-4 OF THE VIRGINIA CODE
APPENDIX 3-2: MEMORANDUM FOR MECHANIC’S LIEN CLAIMED BY SUBCONTRACTOR UNDER SECTION 43-7 OF THE VIRGINIA CODE
APPENDIX 3-3: MEMORANDUM FOR MECHANIC’S LIEN CLAIMED BY SUB-SUBCONTRACTOR UNDER SECTION 43-9 OF THE VIRGINIA CODE
APPENDIX 3-4: COMPLAINT TO ASSERT CLAIM AGAINST BOND ON STATE BUILDING OR PROJECT
APPENDIX 3-5: DISCLOSURE STATEMENT FOR SITE DEVELOPMENT IMPROVEMENTS
APPENDIX 3-6: NOTICE TO MECHANICS’ LIEN AGENT PURSUANT TO SECTION 43-4.01 OF THE VIRGINIA CODE
APPENDIX 3-7: OWNERS’ AFFIDAVIT AS TO MECHANICS’ LIENS AND POSSESSION (With “Gap” Coverage)
APPENDIX 3-8: COMPLAINT TO ENFORCE MECHANIC’S LIEN
APPENDIX 3-9: STATEMENT OF ACCOUNT
APPENDIX 3-10: PETITION TO BOND OFF LIEN UNDER SECTION 43-71 OF THE VIRGINIA CODE
APPENDIX 3-11: BOND TO BOND OFF LIEN UNDER SECTION 43-71 OF THE VIRGINIA CODE
APPENDIX 3-12: DECREE TO BOND OFF LIEN UNDER SECTION 43-71 OF THE VIRGINIA CODE
APPENDIX 3-13: ATTORNEY CHECKLIST FOR MECHANIC’S LIEN CASE
CHAPTER 4: ATTACHMENTS4.1: IN GENERAL
4.2: STATUTORY BASIS
4.201: To Whom Available
4.202: Grounds
4.203: Attachment of Vessels
4.204: Judicial Interpretations
4.205: Jurisdiction and Venue
4.3: PLEADINGS AND PROCEDURE
4.301: Petition
4.302: Defendants
4.303: Issuance of the Attachment
4.304: Bond and Levy
4.305: Legal Risks
4.4: THE LIEN OF ATTACHMENT
4.401: Commencement
4.402: Property Affected
4.5: DEFENSES TO ATTACHMENTS AND JUDGMENTS
4.501: In General
4.502: Statutory Exemptions
4.503: Parties and Procedure
4.504: Bankruptcy
4.505: Dismissal of the Petition
4.6: JUDGMENT
4.7: PETITION FOR REHEARING
4.8: PENDING ACTIONS
APPENDIX 4-1: ATTACHMENT PETITION (CIRCUIT COURT)
APPENDIX 4-2: APPLICATION FOR AN ADDITIONAL ATTACHMENT
APPENDIX 4-3: PLAINTIFF'S BOND FOR LEVY OR SEIZURE (DC-447)
APPENDIX 4-4: MEMORANDUM OF ATTACHMENT
CHAPTER 5: OTHER STATUTORY LIENS, STATUTORY EXEMPTIONS, AND FRAUDULENT AND VOLUNTARY CONVEYANCES5.1: THE LANDLORD’S LIEN
5.101: In General
5.102: Nature and Extent of the Lien
5.103: Enforcement of the Lien
5.104: Liens of Landlords and Farmers for Advances
5.2: MISCELLANEOUS LIENS UNDER TITLE 43
5.201: Introduction
5.202: Innkeepers and Boardinghouse Owners
5.203: Keepers of Livery Stables, Hangars, Tie-Downs, Marinas, and Garages
5.204: Towing and Recovery
5.205: Alterations and Repairs
5.206: Competing Liens
5.207: Leased Goods
5.208: Offspring of a Stallion or Jackass
5.209: Offspring of a Bull
5.210: Consigned Farm Products
5.211: Cleaners and Launderers
5.212: Enforcement of Liens for Storage, Alterations, and Repairs and Enforcement of Hotel and Innkeepers’ Liens
5.213: Disputing the Validity of the Lien
5.3: WAREHOUSE OWNER’S AND CARRIER’S LIENS
5.301: Creation of the Warehouse Owner’s Lien
5.302: Enforcement of the Warehouse Owner’s Lien
5.303: Creation of the Carrier’s Lien
5.304: Enforcement of the Carrier’s Lien
5.305: Liability for Noncompliance
5.306: Other Remedies
5.4: ATTORNEY’S LIEN
5.5: LIEN FOR MEDICAL, NURSING, PHARMACIST, AMBULANCE, AND HOSPITAL SERVICES
5.6: HOMESTEAD AND OTHER EXEMPTIONS
5.601: In General
5.602: Homestead Exemption
5.603: Other Exemptions
5.604: Exemptions for Estates
5.605: Claim of Exemption; Hearing
5.7: FRAUDULENT AND VOLUNTARY CONVEYANCES
5.701: Introduction
5.702: Fraudulent Conveyances
5.703: Voluntary Conveyances
5.704: Property That May Be Recovered
5.705: Validity of the Transaction
5.706: Remedies
APPENDIX 5-1: WARRANT FOR DISTRESS
APPENDIX 5-2: FRAUDULENT CONVEYANCE
APPENDIX 5-3: VOLUNTARY CONVEYANCE
APPENDIX 5-4: MEMORANDUM OF LIS PENDENS
CHAPTER 6: JUDGMENTS
6.1: INTRODUCTION
6.2: ENFORCEMENT OF AN EQUITABLE DECREE
6.3: PERFECTION OF A JUDGMENT LIEN ON REAL ESTATE
6.301: Docketing the Judgment
6.302: When the Judgment Lien Arises
6.303: Jurisdiction
6.304: Duration of the Judgment Lien
6.305: Protection of a Junior Lienor
6.306: Release of the Judgment Lien
6.4: EXECUTION AGAINST TANGIBLE PERSONAL PROPERTY
6.401: Types of Execution
6.402: When Execution Can Issue
6.403: Against Whom Execution Can Issue
6.404: Execution of the Lien
6.405: Property Subject to Levy
6.406: Exemptions from Levy
6.407: Fraudulent Conveyances
6.408: Conflicts
6.409: What Constitutes a Levy
6.410: Sale
6.5: EXECUTION AGAINST INTANGIBLE PERSONAL PROPERTY
6.501: The Execution Lien
6.502: Duration of the Lien
6.503: Property Subject to the Lien
6.504: Practical Considerations
6.6: GARNISHMENT
6.601: Definition
6.602: Institution of Garnishment Proceedings
6.603: Proceedings
6.604: Money Other Than Wages Subject to Garnishment
6.7: INTERROGATORIES TO A DEBTOR
6.701: In General
6.702: Procedure in Circuit Court
6.703: Procedure in District Court
6.704: Discovery of New Assets
6.8: CREDITORS’ SUIT TO ENFORCE A JUDGMENT LIEN
6.801: Introduction
6.802: Prerequisites
6.803: Preliminary Considerations
6.804: Which Property to Pursue?
6.805: Proper Parties
6.806: Where to Bring Suit
6.807: Pleading
6.808: Proceedings
6.809: Conclusion
6.9: SUSPENSION OF DRIVING PRIVILEGES
6.901: Introduction
6.902: Prerequisites
6.903: Procedure
6.904: Exceptions
6.905: Suspension of Driving Privileges Because of an Out-of-State Judgment
6.906: Satisfaction Defined
6.907: Installment Payments
6.908: Duration of Suspension
6.909: Registration of Vehicle in Another’s Name
6.910: Application to Nonresidents
6.911: Escrow of Funds Pending Judgment
APPENDIX 6-1: WRIT OF FIERI FACIAS (CIRCUIT COURT, CC-1477)
APPENDIX 6-2: LETTER TO CLERK
APPENDIX 6-3: LETTER TO SHERIFF
APPENDIX 6-4: NOTICE OF LIEN
APPENDIX 6-5: LETTER TO ASSET HOLDER
APPENDIX 6-6: (reserved)
APPENDIX 6-7: COMPLAINT
APPENDIX 6-8: NOTICECMOTION FOR APPOINTMENT OF COMMISSIONER IN CHANCERY
APPENDIX 6-9: DECREE OF REFERENCE APPOINTING A COMMISSIONER IN CHANCERY
APPENDIX 6-10: NOTICE THAT COMMISSIONER IN CHANCERY WILL FILE REPORT
APPENDIX 6-11: REPORT OF COMMISSIONER IN CHANCERY
APPENDIX 6-12: DECREE FOLLOWING COMMISSIONER'S REPORT (APPROVING THE REPORT, APPOINTING A SPECIAL COMMISSIONER, AND ORDERING SALE OF THE PROPERTY)
APPENDIX 6-13: ADVERTISEMENT OF SALE
APPENDIX 6-14: NOTICECMOTION TO CONFIRM SALE
APPENDIX 6-15: DECREE CONFIRMING SALE
APPENDIX 6-16: SUPPLEMENTAL REPORT OF COMMISSIONER IN CHANCERY
APPENDIX 6-17: NOTICE--MOTION TO CONFIRM REPORT OF SPECIAL COMMISSIONER
APPENDIX 6-18: REPORT OF SPECIAL COMMISSIONER
APPENDIX 6-19: SPECIAL WARRANTY DEED
APPENDIX 6-20: SECOND REPORT OF SPECIAL COMMISSIONER
APPENDIX 6-21: DECREE CONFIRMING REPORT AND DISCHARGING SPECIAL COMMISSIONER
APPENDIX 6-22: ABSTRACT OF JUDGMENT (FORM DC-465)
APPENDIX 6-23: DETINUE SEIZURE ORDER (FORM DC-416)
APPENDIX 6-24: WRITS OF POSSESSION AND FIERI FACIAS IN DETINUE (FORM DC-468)
APPENDIX 6-25: WRIT OF FIERI FACIAS (FORM DC-467)
APPENDIX 6-26: GARNISHMENT DISPOSITION (FORM DC-453)
CHAPTER 7: FEDERAL, FOREIGN, AND FOREIGN STATE JUDGMENTS7.1: INTRODUCTION
7.2: ENFORCEMENT OF JUDGMENTS AGAINST THE REAL PROPERTY OF A JUDGMENT DEBTOR
7.201: Judgments of Federal Courts Located in Virginia
7.202: Judgments of Federal Courts Located Outside Virginia
7.203: Enforcement of a Federal Judgment by a Judicial Sale
7.3: ENFORCEMENT OF FEDERAL JUDGMENTS AGAINST THE PERSONAL PROPERTY OF THE JUDGMENT DEBTOR
7.301: Writ of Execution
7.302: Prejudgment Remedies
7.303: Discovery of Assets
7.4: ENFORCEMENT OF FOREIGN STATE COURT JUDGMENTS
7.401: In General
7.402: Registration
7.403: Action on a Judgment
7.5: ENFORCEMENT OF FOREIGN COUNTRY MONEY JUDGMENTS
7.501: In General
7.502: Definition of “Foreign Country Money Judgment”
7.503: Enforceable Judgments
7.504: Standards for Recognition of a Foreign-Country Judgment
7.505: Relevance of Personal Jurisdiction
7.506: Permissive Stay of Proceedings
7.6: EXEMPTIONS FROM EXECUTION AND OTHER LEGAL PROCESSES
7.601: In General
7.602: Exemptions
APPENDIX 7-1: ABSTRACT OF JUDGMENT (FEDERAL COURT)
APPENDIX 7-2: CERTIFICATION OF JUDGMENT
APPENDIX 7-3: POSTJUDGMENT INTERROGATORIES
APPENDIX 7-4: LETTER TO CLERK
APPENDIX 7-5: AFFIDAVIT OF LAST KNOWN ADDRESSES
APPENDIX 7-6: COMPLAINT (FEDERAL COURT)
CHAPTER 8: THE FEDERAL INSOLVENCY STATUTE AND THE FEDERAL TAX LIEN8.1: INTRODUCTION
8.2: THE FEDERAL INSOLVENCY STATUTE
8.201: In General
8.202: Exception for Federal Tax Liens and Certain Other Federal Liabilities.
8.203: Situations to Which the Federal Insolvency Statute Applies.
8.204: Act of Bankruptcy
8.3: THE FEDERAL TAX LIEN
8.301: In General
8.302: Assessment
8.303: Notice and Demand
8.304: Failure to Pay
8.305: Duration
8.4: PROPERTY TO WHICH THE FEDERAL TAX LIEN ATTACHES
8.5: FILING OF THE FEDERAL TAX LIEN
8.6: PRIORITY OF THE FEDERAL TAX LIEN
8.7: PARTIES DEFEATING THE UNFILED FEDERAL TAX LIEN
8.701: In General
8.702: Purchasers
8.703: Mechanics’ Lienors
8.704: Holders of Security Interests
8.705: Judgment Lien Creditors
8.706: Simultaneous Attachment
8.8: PARTIES DEFEATING THE FILED FEDERAL TAX LIEN
8.801: In General
8.802: Securities
8.803: Motor Vehicles
8.804: Personal Property Purchased at Retail
8.805: Personal Property Purchased in Casual Sale
8.806: Personal Property Subject to Possessory Lien
8.807: Real Property Tax and Special Assessment Liens
8.808: Residential Property Subject to Mechanics’ Liens for Repairs and Improvements
8.809: Attorneys’ Liens
8.810: Certain Insurance Contracts
8.811: Deposit Secured Loans
8.9: PURCHASE MONEY SECURITY INTERESTS
8.10: STATE TAX LIENS
8.11: FUTURE ADVANCES
8.12: REQUESTING IRS TO REMOVE A FEDERAL TAX LIEN
8.1201: In General
8.1202: Statute of Limitations
8.1203: Release
8.1204: Withdrawal
8.1205: Discharge
8.1206: Subordination
8.1207: Nonattachment
8.13: PROCEEDINGS TO REMOVE A FEDERAL TAX LIEN
8.1301: In General
8.1302: Collection Due Process
8.1303: Judicial Sales
8.1304: Nonjudicial Sales (Sales by a Trustee of a Deed of Trust)
8.14: ESTATE AND GIFT TAX LIENS
APPENDIX 8-1: NOTICE OF FEDERAL TAX LIEN
CHAPTER 9: BANKRUPTCY: ITS EFFECT ON THE ENFORCEMENT OF LIENS AND JUDGMENTS9.1: INTRODUCTION
9.101: In General
9.102: Subject Matter Jurisdiction
9.103: Common Types of Bankruptcy Relief
9.104: Types of Bankruptcy Claims
9.105: The Bankruptcy Estate
9.106: The Automatic Stay
9.107: Adequate Protection
9.2: THE TREATMENT AFFORDED CERTAIN ASSETS DURING BANKRUPTCY
9.201: Exempt Property
9.202: Entirety Property
9.203: Cash Collateral
9.3: PROTECTION AND ENFORCEMENT OF LIENS AND JUDGMENTS DURING BANKRUPTCY
9.301: Initial Proceedings
9.302: Proof of Claim
9.303: Motions Concerning the Use of Cash Collateral
9.304: Objections to Discharge and to Dischargeability
9.305: Motions to Lift the Automatic Stay
9.306: Reaffirmation Agreements
9.4: SALE OR OTHER USE DURING BANKRUPTCY OF ASSETS SUBJECT TO LIENS
9.401: Sales Free and Clear of Liens
9.402: Imposition of Junior or Senior Liens
9.403: Imposition of Administrative Charges
9.5: AVOIDANCE OR SUBORDINATION OF LIENS IN BANKRUPTCY
9.501: Preferences
9.502: Fraudulent Transfers Under the Bankruptcy Code
9.503: Fraudulent and Voluntary Transfers Under State Law
9.504: Leveraged Buyouts
9.505: Disallowance Under Section 502(d)
9.506: Equitable Subordination
9.507: Lien Avoidance Under Section 506
9.6: LETTERS OF CREDIT IN BANKRUPTCY
9.601: In General
9.602: Enforcement: Twist Cap and Beyond
9.7: MOTIONS TO DISMISS ON THE BASIS OF A BAD-FAITH FILING 574
9.8: TREATMENT OF COLLATERAL THAT IS NOT DISPOSED OF DURING BANKRUPTCY
9.801: Methods of Disposition
9.802: Chapter 11 Plans
9.803: Chapter 13 Plans
9.9: CONCLUSION
APPENDIX 9-1: NOTICE OF APPEARANCE
APPENDIX 9-2: MOTION FOR RELIEF FROM STAY
CHAPTER 10: RECEIVERSHIP AS A MEANS OF SATISFYING OBLIGATIONS DUE A CREDITOR10.1: THE RECEIVERSHIP: AN OVERVIEW
10.101: Introduction
10.102: Types of Receivers and Their Roles
10.103: Statutory Remedies or Equity Jurisprudence
10.2: STATUTORY REMEDIES: CORPORATE DISSOLUTION AND APPOINTMENT OF A RECEIVER TO SATISFY A CREDITOR’S CLAIM
10.201: In General
10.202: Present Statutory Provisions
10.203: Insolvency
10.204: Effectuating and Ordering the Judicial Dissolution of a Corporation
10.205: The Appointment of a Receiver for a Corporation
10.206: The Permanent Receiver Charged with Liquidation of a Corporation
10.3: THE UNSECURED CREDITOR’S NON-STATUTORY REMEDIES
10.301: In General
10.302: The Nunnally Rule
10.303: Continuing Validity of the Nunnally Rule
10.4: APPOINTMENT OF A RECEIVER TO ENABLE A SECURED CREDITOR TO ENFORCE ITS CLAIM AND PRESERVE AND PROTECT THE LIENHOLDER’S COLLATERAL
10.401: Real Property
10.402: Personal Property
10.403: The Receiver’s Expenses
10.5: CONSIDERATIONS OF THE COURT IN APPOINTING A RECEIVER
10.501: Discretionary Standard
10.502: Considerations
10.503: Presumption Against the Appointment of a Receiver
10.504: Showing Required
10.6: THE THREE TYPES OF SPECIAL RECEIVERS AND THEIR DUTIES
10.601: The Permanent Receiver
10.602: The Receiver Pendente Lite (Custodian)
10.603: The Emergency Receiver
10.7: THE MECHANICS OF APPOINTING A RECEIVER
10.701: Appointment of a Receiver
10.8: OTHER CONSIDERATIONS IN THE APPOINTMENT OF A RECEIVER
10.801: Who May Be a Receiver?
10.802: The Receiver’s Bond
10.803: Compensation of the Receiver
10.804: Receiver’s Certificates
10.805: Priority for Certain Administrative Claims
10.806: Termination of the Receivership
10.9: PROPERTY IN THE HANDS OF A RECEIVER
10.901: The Receivership Does Not Alter Creditor Priorities
10.902: The Assets Held by the Receiver Are Immune from Creditor Interference
10.903: The Receiver Holds the Property Subject to the Court’s Directions
10.904: Preservation and Distribution of Real Estate
10.10: THE CREDITOR’S RIGHT TO BE COMPENSATED FOR ITS CLAIM WHEN A RECEIVER HAS BEEN APPOINTED
10.1001: In General
10.1002: .The Secured Creditor
10.1003: The Unsecured Creditor
10.1004: Unmatured and Contingent Claims
10.11: INTERPLAY OF RECEIVERSHIP LAW WITH THE BANKRUPTCY CODE
10.1101: Receiver’s Role When the Entity Files for Bankruptcy Protection
10.1102: Involuntary Filing Considerations
10.1103: Environmental Law Considerations
10.12: KEY DIFFERENCES BETWEEN THE VIRGINIA CODE AND THE UNIFORM COMMERCIAL REAL RECEIVERSHIP ACT
10.1201: In General
10.1202: Appointment
10.1203: Rights and Powers of Receivers
10.1204: Bonds
10.1205: Receiver as a Lien Creditor
10.1206: Security Agreement Covering After-Acquired Property
10.1207: Stay; Injunction
APPENDIX 10-1: VERIFIED PETITION FOR APPOINTMENT OF A SPECIAL RECEIVER
APPENDIX 10-2: CONSENT ORDER APPOINTING SPECIAL RECEIVER PURSUANT TO VIRGINIA CODE § 8.01-591
CHAPTER 11: FAIR DEBT COLLECTION PRACTICES ACT 11.1: IN GENERAL
11.2: RESEARCH MATERIALS AND PROFESSIONAL ASSOCIATIONS
11.3: NATURE OF THE FAIR DEBT COLLECTION PRACTICES ACT
11.301: Congressional Purpose
11.302: Applicability to Attorneys
11.303: Exception for Formal Pleadings
11.304: Initial Communication
11.305: Applicability Limited to “Consumer” Debt
11.306: Applicability to Particular Types of Debts
11.307: Applicability Limited to “Debt Collectors”
11.308: Applicability to Subsequent Debt Collectors
11.309: Applicability to Litigation
11.310: Applicability to Attorneys
11.4: VIOLATIONS OF THE FDCPA
11.401: Communications
11.402: Harassment or Abuse
11.403: False or Misleading Representations
11.404: Unfair Practices
11.405: Application of Payments
11.406: Venue
11.5: REMEDIES
11.501: Civil Liability
11.502: Administrative Enforcement
11.503: Equitable Relief
11.504: Setoff
11.505: Jurisdiction
11.506: Standing
11.507: Right to Jury Trial
11.508: Statute of Limitations
11.6: DEFENSES
11.601: “Bona Fide Error”
11.602: “Good Faith Reliance”
11.7: BANKRUPTCY CASES
11.701: Applicability of the FDCPA in Bankruptcy Cases
11.702: Proofs of Claim
11.703: Property of the Estate
11.704: Standing of the Trustee or Debtor in Possession
11.705: Jurisdiction
11.706: Statute of Limitations
11.707: Abandonment
11.708: Effect of Closing the Case
11.709: Post-Discharge Collection Efforts
APPENDIX 11-1: CROSS-REFERENCE TABLE
APPENDIX 11-2: FDCPA NOTICE
APPENDIX 11-3: COVER LETTER
APPENDIX 11-4: “SAFE HARBOR” LETTER
TABLE OF AUTHORITIES
INDEX