- 11 U.S.C.
In re Premiere Enters. Of Whiteville LLC
Nov
04
2013
Ruling
Firm that represented debtor prior to petition date could represent debtor in bankruptcy provided prepetition fees owed were modest and traceable to period and services related to filing case.
Issue(s)
Was law firm that represented debtor prepetition "disinterested" and eligible to represent debtor in its bankruptcy case.
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- 11 U.S.C.
In re Dawsey
Nov
04
2013
Ruling
Debtor could retain law firm despite failure to pay for prepetition services prior to petition date as the debt was relatively modest and incurred in preparation for filing.
Issue(s)
Was law firm to which debtor owed relatively modest debt, traceable temporally to a short period of time before filing, and confined to activities surrounding preparation of the petition and accompanying papers, disinterested and eligible to represent debto. r
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Court
:
- 11 U.S.C.
In re Brooks
Oct
08
2013
Ruling
Disclosure statement was insufficient due to failure to provide information regarding joint venture.
Issue(s)
Could chapter 11 debtor's disclosure statement not containing information regarding entity with which it proposed to enter into a joint venture or new bids debtor was supposedly awarded .
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In re S&R Grandview LLC
Oct
04
2013
Ruling
Chapter 11 case dismissed where debtor's manager was not authorized to file petition.
Issue(s)
Was voluntary case validly filed where one of two members of debtor LLC filed petition without consent of second member.
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In re Hutson
Sep
27
2013
Ruling
Chapter 11 case converted to chapter 7 due to debtor's interference with trustee's management of estate property.
Issue(s)
Were debtor's actions in continuing to engage in activities dealing with management of properties, which were under control of trustee, and which actions were detrimental to and interfered with trustee's efforts, grounds for conversion of chapter 11 case to chapter 7.
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In re YNOT LLC
Sep
27
2013
Ruling
Case converted to chapter 7 due to interference by owner of debtor LLC with trustee's management of the LLC's property.
Issue(s)
Was debtor LLC's sole managing member's interference with trustee's management of LLC's property cause for conversion to chapter 7.
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In re Springfield Homes LLC
Sep
27
2013
Ruling
Chapter 11 case dismissed where one of two members of debtor LLC did not consent to filing.
Issue(s)
Could only one of two managers who operated debtor LLC a chapter 11 petition on behalf of the entity .
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LVW Invs. LLC v. Beaufort the Wye LLC (In re UHF Dev. Inc.)
Aug
30
2013
Ruling
Purchaser of lot not entitled to equitable subordination of claim by creditor not obtained by fraud.
Issue(s)
Whether a claimant was entitled to summary judgment on a complaint filed by a purchaser of a lot from the chapter 11 debtor seeking equitable subordination of the claim of the claimant to the claims of all other creditors in the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 510(c).
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:
- 11 U.S.C.
In re Clifton
Jul
19
2013
Ruling
Trustee ordered to pay proceeds of sale of entireties property to creditor bank.
Procedural posture
Chapter 7 trustee filed a report of sale proceeds and a motion for final disbursement. The debtor, the IRS, and a bank objected.
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:
- 11 U.S.C.
Ralph Hodge Constr. Co. v. Howard (In re Howard)
Jul
15
2013
Ruling
Debt was nondischargeable due to fraudulent misrepresentations to creditor.
Procedural posture
Creditor filed a complaint against chapter 7 debtor husband objecting to the dischargeability of debts pursuant to 11 U.S.C.S. § 523(a)(2)(A) and seeking damages for fraud, conversion, and unfair and deceptive trade practices pursuant to N.C. Gen. Stat. § 75-1.1 against the debtor. The chapter 7 trustee objected to the creditor's claim.
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