Judge Humrickhouse

BellSouth Telcoms LLC v. Halo Wireless Inc.

Plaintiff, a provider of wireless telecommunications services, filed a motion against defendant chapter 11 debtor to strike defendant's notice of removal or, in the alternative, to remand the case, which had been removed from the North Carolina Utilities Commission (NCUC).
Ruling: 
Proceedings remanded to state utility commission as related to bankruptcy but not within conventional experience of bankruptcy court.
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Commercial case opionion summary, case decided on March 05,2012, LexisNexis #0312-137

In re Mead

The matter before the court was the chapter 7 debtor's motion to reopen the bankruptcy case and for the court to find a creditor, his former fiancee, in contempt for violating the discharge injunction by reinstating her federal lawsuit against him in Illinois after the discharge injunction was imposed and his case was closed.
Ruling: 
Case reopened in order to find creditor, debtor's former fiancée, in contempt of discharge injunction.
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Consumer case opionion summary, case decided on February 24,2012, LexisNexis #0312-087

In re Croatan Surf Club LLC

A bank filed a motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1), (2), and (3). The court only addressed the bank's contentions under § 362(d)(3), as that section presented a threshold issue.
Ruling: 
Relief from stay to denied where creditor could not both vote another creditor's claim to object to possibly confirmable plan.
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Commercial case opionion summary, case decided on January 12,2012, LexisNexis #0612-077

In re Swartville LLC

A creditor filed a motion to dismiss or convert a debtor's chapter 11 case as a bad faith filing under 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case in which plan proposed that creditor seek deficiency from guarantors was not filed in bad faith.
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Commercial case opionion summary, case decided on January 12,2012, LexisNexis #0612-099

In re Sea Trail Corp.

A corporate bankruptcy debtor asserted that its longtime counsel properly represented the debtor in prior matters involving corporate, employee, labor, and other general business matters pertaining to the daily operation of the debtor. The debtor moved for approval to employ counsel as special counsel to the debtor pursuant to 11 U.S.C.S. § 327(e).
Ruling: 
Application to employ debtor's long-time general counsel denied absent specified special purpose.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-039

In re Zephyr Land Holdings LLC

The court held hearings on the confirmation of the debtor's chapter 11 plan. A creditor objected to the confirmation, in part because the debtor did not have a qualifying accepting impaired class to proceed to cram down under 11 U.S.C.S. § 1129(b).
Ruling: 
Confirmation denied due to lack of qualifying accepting impaired class for cramdown.
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Commercial case opionion summary, case decided on November 03,2011, LexisNexis #0112-060

In re Burton

Debtor filed a motion to reopen his chapter 7 case pursuant to 11 U.S.C.S. § 350(b) and to amend his schedules pursuant to Fed. R. Bankr. P. 9006(b)(1) in order to list a personal injury claim.
Ruling: 
Debtor granted permission to open chapter 7 case to amend schedules to list personal injury action.
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Consumer case opionion summary, case decided on November 03,2011, LexisNexis #0112-005

In re Croatan Surf Club LLC

Creditors secured by a bankruptcy debtor's condominium building entered into an agreement which subordinated a second lien creditor's security interest to a first lien creditor's interest, and provided that the first lien creditor could vote the subordinate debt in the event of the debtor's bankruptcy. Both the first and second lien creditors voted the subordinate debt, and the first lien creditor moved for authority to vote the subordinate debt.
Ruling: 
First lien creditor could not vote subordinated debt on plan despite terms of subordination agreement with second lien creditor.
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Commercial case opionion summary, case decided on October 25,2011, LexisNexis #0112-059

BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)

Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), and the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.
Ruling: 
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
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Commercial case opionion summary, case decided on August 10,2011, LexisNexis #0112-101

In re Murray

The chapter 11 debtors filed a motion for an order allowing them to use cash collateral pursuant to 11 U.S.C.S. § 363 and allowing a creditor's request for adequate protection. An objection was filed by the creditor.
Ruling: 
Rents were property of the estate despite collateral assignment so that debtor could use rents as cash collateral.
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Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-079

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