West Virginia Southern District

An Agreement to Modify a Mortgage Was an Assumable Executory Contract

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

West Virginia Judge Allows Conversion to Subchapter V After Deadlines Passed

When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint

Serving a summons and complaint by certified mail is ineffective without a return receipt.

Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says

Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.