Brian F. Kenney
How Judge Kenney rules, drawn from 12 signed orders. Every observation links to the order it came from.
About Judge Kenney
Brian F. Kenney is Chief United States Bankruptcy Judge for the Eastern District of Virginia. He hears cases in the court’s Alexandria Division.
Judge Kenney's practices and standing orders
Rules for cases before Judge Kenney, as published on the court's website (checked October 10, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Conferences
Set motions to extend the automatic stay on the preliminary relief-from-stay hearing dates, or request an expedited hearing for an earlier date.
“MOTIONS TO EXTEND THE AUTOMATIC STAY SHOULD BE SET ON THE PRELIMINARY HEARING DATES FOR MOTIONS FOR RELIEF FROM STAY – Motion for Expedited Hearing should be requested if an earlier date is required.”
Conferences
For Chapter 13 hearings, use a listed date and time and give proper notice; the court removes improperly noticed matters.
“Any matter not properly noticed will be removed from the docket.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 10, 2026).
How Judge Kenney decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A stay may preserve appellate review when releasing disputed funds would likely make the appeal equitably moot.
“More fundamentally, the potential harm to the Trustee is clear — if the Court were to require that the funds be paid over to the Debtor, it is highly likely that the Trustee’s appeal will be rendered equitably moot.”
Procedural preferences
A delayed schedule amendment did not trigger judicial estoppel where the debtor credibly showed good faith and lacked a motive to conceal an exempt claim.
“The Court concludes that the Debtor did not intentionally conceal the claim from her creditors. The Court is satisfied with the Debtor’s good faith.”
Cautions
A trustee's commission request must remain consistent with the duty to preserve as much value as reasonably possible for estate creditors.
“His job isn’t just to litigate over the proceeds, nor just to settle; his job is to retain as much for the creditors as is reasonably possible under the circumstances.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Court will enter a separate Order granting the Trustee’s Motion for a Stay Pending Appeal of this Court’s Order of December 16, 2011.”
“the Court will: (a) disallow the Garage Owners’ claims”
“and (b) allow the Non-Garage Owners’ claims, in the amounts set forth in their proofs of claim.”
“The Debtor’s Motion for Turnover is denied.”
“The Debtor's Objection to the PPE Proof of Claim is overruled.”
“PPE's Objection to the Debtor's Amended Chapter 13 Plan is sustained.”
“The Debtor’s Motion to Disallow Claim is granted, and Claim No. 31-1 is disallowed in this bankruptcy case.”
“the remaining Counts of the Complaint— Counts I, IV, VI, VIH and XV—will be dismissed.”
“The Trustee’s Motion for appointment of a real estate agent will be granted.”
“The Debtor’s Motion to compel an abandonment of the property will be denied.”
“The Debtor’s Motion to. Authorize Prosecution of a State court personal injury action (Docket No. 95) is granted.”
“the Trustee will not be allowed a commission based on the funds disbursed to Ms. Eidson for her interest in the property.”
“the Court has entered an Order approving the Kell-ton APA including the Bar Order provisions contained therein.”
The court held that the debtor's newly acquired property interest entered the bankruptcy estate, then requested briefing on whether the change in financial circumstances justified modifying plan payments. The same motion was finally granted in March 2026.
“Trustee’s Motion to Modify Plan Payments is GRANTED;”
Caseload & timing
From public federal docket records for this judge.
Six terminated matters supplied the recorded duration sample; two were pending. Fourteen of sixteen classified docket motion outcomes came from one recent Chapter 13 matter, and two from one adversary proceeding.
Draft for Judge Kenney with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Kenney, and what has not, cited to the signed orders.
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