FEDERALUnited States Bankruptcy Court, E.D. Virginia
2008

Smith v. McLeskey (In Re Bay Vista of Virginia, Inc.)

394 B.R. 820United States Bankruptcy Court, E.D. Virginia • Decided 2008Enforced
RetentionCited 19 times

HOLDING

A bankruptcy trustee sued to recover money from a foreclosure sale of a Virginia property. The defendants tried to get the case dismissed by asking the bankruptcy court to stay out of it. The court refused and kept the case, ruling it had the power to hear the trustee's claim for overpayments. This matters to subcontractors because it shows bankruptcy courts will pursue money owed to the estate, which could affect how much gets paid out to creditors like you.

KEY FINDINGS

Retention

Bankruptcy courts will not back away from recovering money allegedly owed to the estate, even when defendants object.

FULL COURT OPINION