Docket – November 19, 2018

4th U.S. Circuit Court of Appeals

Va. Dep’t of Soc. Servs. v. Webb (P), 4th Cir. (Agee) from WDVA at Charlottesville (Moon).

A bankruptcy petitioner made payments to the Trustee before his petition was dismissed. After the dismissal, Virginia’s Department of Social Services, Division of Child Support Enforcement sought to obtain the payments held by the Trustee to apply against the petitioner’s delinquent child support. The bankruptcy court correctly ordered the Trustee to return the funds to the petitioner.

Any state authority under Code § 63.2-1929 for levy on the Trustee directly conflicts with the federal statutory mandate in 11 U.S.C. § 1326(a)(2) that the Trustee refund the post-petition payments to Webb. Thus, § 1326(a)(2) pre-empts Code § 63.2-1929 and requires that the Trustee return the post-petition payments to the petitioner.

U.S. District Court – Virginia Eastern

United States v. Romero-Caceres, EDVA at Alexandria (Ellis).

The court declined to dismiss the defendant’s indictment for illegally re-entering the United States under Pereira v. Sessions, 138 S. Ct. 2105 (2018). The defendant knowingly waived his right to challenge his removal order to the Board of Immigration Appeals. He had notice of his removal proceeding and attended it. Although he did not have a fair opportunity to obtain counsel, this deprivation caused no apparent prejudice because the defendant offers no evidence to suggest he would not have been deported otherwise.

Motion to dismiss indictment denied.



Categories: Daily Dockets

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