- 11 U.S.C.
North Carolina Lottery Commn v. Wells (In re Wells)
Dec
23
2009
Ruling
Debt owed by debtor convenience store owners to state lottery commission was dischargeable absent existence of express trust.
Procedural posture
Plaintiff North Carolina Lottery Commission (NCLC) filed an adversary proceeding against defendant chapter 13 debtors, a husband and wife, seeking a determination that the debtors owed the NCLC $ 38,933, and that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(4). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Fountain Powerboat Indus.
Dec
04
2009
Ruling
Creditor's motion to terminate exclusivity period denied absent showing of cause.
Procedural posture
The major creditor of bankruptcy debtors was the successful bidder at an auction sale of substantially all of the debtors' assets, but the debtors obtained approval for postpetition financing and filed a plan of reorganization. After the bankruptcy court declined to approve the auction sale, the creditor moved to terminate the exclusivity periods of 11 U.S.C.S. § 1121 for the debtors to file a plan and solicit acceptances.
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Court
:
- 11 U.S.C.
In re Barbour
Sep
18
2009
Ruling
Chapter 7 case ordered converted or dismissed for abuse where debtor had disposable monthly income.
Procedural posture
Pending before the court was the Motion to Dismiss Chapter 7 Proceeding Pursuant to 11 U.S.C.S. § 707(b)(1) or (b)(3) filed by the Bankruptcy Administrator and debtor's Response.
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Court
:
- 11 U.S.C.
In re KVS Fodsystems LLC
Apr
29
2009
Ruling
Stay in bankruptcy of debtor LLC that operated restaurant franchise did not apply to ejectment action by franchisor against individual franchisee.
Procedural posture
After a franchisor was not paid rent on two leased restaurant locations operated by a chapter 11 debtor, the franchisor filed state complaints for summary ejectment. The debtor filed a motion to determine the extent and applicability of the automatic stay under 11 U.S.C.S. § 362 or in the alternative, a motion to extend the automatic stay under 11 U.S.C.S. § 105.
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Court
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In re Johnson
Apr
07
2009
Ruling
Hanging paragraph prevented debtor from bifurcating claim secured by purchase money security interest in log feller buncher.
Procedural posture
A chapter 13 debtor and the trustee proposed to bifurcate and cramdown a creditor's claim. The creditor objected to the plan and to the valuation of collateral. Subsequently, it filed a proof of claim asserting that it held a secured claim. The debtor objected, and the creditor asserted that pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), its claim could not be crammed down under 11 U.S.C.S. § 506.
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Court
:
- 11 U.S.C.
Den-Mark Props. LLC v. SunTrust Bank (In re Den-Mark Props. LLC)
Mar
27
2009
Ruling
Improperly recorded second deed of trust could be avoided.
Procedural posture
Debtor sued holder of a second deed of trust on certain properties and trustee, seeking to invalidate the second deed of trust, a determination that their' claims were unsecured with respect to the properties, and to require amounts held in escrow resulting from the sale of certain properties to be paid to the debtor. The debtor moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Hoff
Mar
23
2009
Ruling
Filing of Schedule I excused to allow court to set current monthly income of debtors with recent involuntary decrease in income.
Procedural posture
The debtors brought a motion to excuse the requirement, under 11 U.S.C.S. § 521(a)(1)(B), of filing a Schedule I, and for setting an alternative date for determining current monthly income under 11 U.S.C.S. § 101(10A)(A)(ii). A creditor objected to excusing the required filing of Schedule I.
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Court
:
In re RADCO Props. Inc.
Mar
09
2009
Ruling
Confirmation denied due to improper attempt to set time limit for substantial consummation based solely on distribution.
Procedural posture
A debtor sought confirmation of an amended chapter 11 plan of reorganization and approval of a second amended disclosure statement.
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Court
:
- 11 U.S.C.
In re Shepard
Aug
25
2008
Ruling
Debtors' exemption in tax refund limited to originally projected amount, not later undisclosed excess.
Procedural posture
A chapter 7 trustee filed an objection to debtors' exemptions and amended exemptions pursuant to Fed. R. Bankr. P. 4003(b), alleging that the debtors knowingly made a false representation as to the amount of their income tax refunds. He sought an order requiring the debtors to turn over the amount of undisclosed tax refunds.
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Court
:
- 11 U.S.C.
In re Lanier
Apr
18
2008
Ruling
Homestead exemption did not cover adjacent tract not linked to support, existence or enhancement of residence.
Procedural posture
A chapter 7 trustee filed an objection to debtors' claim of a homestead exemption under 11 U.S.C.S. § 522(d)(1). The debtors listed a modular home and a lot, and the trustee contended that the lot was in fact two parcels, one of which was not residential.
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Court
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