In re Mansfield
Feb
24
2012
Ruling
Case ordered converted or dismissed due to presumption of abuse arising from disposable income calculation.
Procedural posture
Pending before the court was the motion to dismiss chapter 7 proceeding pursuant to 11 U.S.C.S. § 707(b)(1), (b)(3), filed by the bankruptcy administrator and debtor's response. A hearing was held.
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Court
:
- 11 U.S.C.
In re Boyette
Jan
27
2012
Ruling
Dismissal or reconversion of case to chapter 13 denied absent evidence of bad faith.
Procedural posture
After the debtor's chapter 13 case was converted to a chapter 7 case, the debtor's ex-wife filed a motion to dismiss the chapter 7 case or convert it to a chapter 13 case under 11 U.S.C.S. § 707(b)(3) based on bad faith of the debtor or abuse of the provisions of chapter 7.
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Court
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In re Dexter
Jan
18
2012
Ruling
Bank willfully violated stay by refusing to endorse insurance proceeds check.
Procedural posture
The chapter 13 debtors filed a motion for turnover of property of the estate and motion for sanctions pursuant to 11 U.S.C.S. § 362(k). A bank objected to the motions.
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Court
:
- 11 U.S.C.
In re Voliva
Dec
16
2011
Ruling
Exemption allowed in mobile home that met Bankruptcy Code definition of residence.
Procedural posture
In a chapter 13 case, creditors objected to the debtors' claim of real property as exempt under N.C. Gen. Stat. § 1C-1601(a)(1) (2010).
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Court
:
Groff v. JPMorgan Chase Bank (In re Groff)
Dec
09
2011
Ruling
Preference proceeding dismissed absent supporting documentation or records.
Procedural posture
Debtors filed a complaint against creditor seeking to recover an alleged preferential transfer under 11 U.S.C.S. § 547(b). The creditor requested the dismissal of the complaint for failure to state a claim upon which relief could be granted under Fed. R. Civ. P. 12(b)(6).
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Court
:
In re Morton
Nov
07
2011
Ruling
Pursuit of post-confirmation actions against debtor's partnerships that did not violate terms of plan did not violate stay.
Procedural posture
The debtors filed a motion requesting that a creditor be held in contempt for violating an order confirming their chapter 11 plan and requesting that the court impose sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
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Court
:
In re Monroe
Nov
07
2011
Ruling
Creditor granted relief from stay to evict debtor where prepetition foreclosure sale was final.
Procedural posture
A creditor filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) to proceed with the eviction of a chapter 13 debtor following a foreclosure sale. The debtor contended that the bank failed to record the deed and transfer title.
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Court
:
In re Maurer
Nov
07
2011
Ruling
Debtors awarded past due rent as sanctions for landlord's ejectment filed in violation of stay.
Procedural posture
The capter 13 debtors filed a motion for sanctions against a landlord under 11 U.S.C.S. § 362(h). They argued that the creditor filed a complaint for summary ejectment after receiving notice of the debtors' bankruptcy petition and without filing a motion to lift the automatic stay. The court conducted a hearing on the motion.
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Court
:
- 11 U.S.C.
In re Hendrix-Barnhill Co.
Oct
27
2011
Ruling
Confirmation denied as plan was not fair and equitable to creditor bank.
Procedural posture
In a chapter 11 case, the bankruptcy administrator, a bank, and several other creditors objected to the debtor's plan and disclosure statement. The court held a hearing on the issue.
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Court
:
- 11 U.S.C.
In re Green
Oct
20
2011
Ruling
University sanctioned for seeking to collect student loan debt in violation of stay.
Procedural posture
The chapter 7 debtor filed a motion for sanctions for violation of the automatic stay and for contempt of court against a university. The debtor, who acted pro se, alleged that the university violated 11 U.S.C.S. §§ 362 and 524(a). The court conducted a hearing to consider the motion and the university's response.
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Court
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