Whatever you may think about the fact that Refco’s outside corporate counsel was convicted by a jury on 5 criminal counts, one has to wonder how the system got so turned upside down on the civil side that while the law firm’s lead lawyer is torched in criminal court, his firm is summarilyi dismissed from a civil case for precisely the same conduct on a simple motion to dismiss (based on a theory that the Refco trustee lacked standing to bring suit to recover for damages arising from a fraudulent scheme devised and carried out by Refco’s own senior management ).

Can a Virginia divorce court judge enforce discovery sanctions despite a bankruptcy filing through equitable distribution? In the case of Spreadbury v. Spreadbury in the Circuit Court of Fauquier County Case No: CH04-125 (February 20, 2009) a judge enforced his discovery sanctions order by providing that wife would receive no less than a certain amount for her unsecured creditors.

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Can a Virginia divorce court judge enforce discovery sanctions despite a bankruptcy filing through equitable distribution?

The filing of a bankruptcy case automatically creates an injunction for debtors. 11 USC Section 362. Litigators on the verge of obtaining a judgment have been frozen when the defendant seeks bankruptcy

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Automatic Stay

The filing of a bankruptcy case automatically creates an injunction for debtors. 11 USC Section 362. Litigators on the verge of obtaining a judgment have been frozen when the defendant seeks bankruptcy.

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Automatic Stay