Judge Humrickhouse

In re Byers

Ruling: 
Debtor could not take deduction for mortgage payment on property intended for surrender.
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Consumer case opionion summary, case decided on September 24,2013, LexisNexis #1013-057

In re Vanwart

Ruling: 
Payment under prepetition settlement with mortgage company for deficient servicing and foreclosure practices was not property of the estate.
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Consumer case opionion summary, case decided on August 27,2013, LexisNexis #0913-086

In re Hubbell

Ruling: 
Debtor's plan could modify interest rate on loan on principal residence maturing prior to due date of final plan payment.
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Consumer case opionion summary, case decided on August 23,2013, LexisNexis #0913-100

Ward v. United States Dept of Educ. (In re Ward)

Ruling: 
Student loans were nondischargeable under Brunner test absent evidence that debtor's financial condition would continue for significant portion of repayment period.
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Consumer case opionion summary, case decided on August 09,2013, LexisNexis #0913-016

In re New Hope Christian Church

Ruling: 
Good faith attempts by debtor to retain property and effectuate a plan were not cause for dismissal of debtor's second case or relief from stay.
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Commercial case opionion summary, case decided on July 16,2013, LexisNexis #1013-096

In re Quantum Cool LLC

Pursuant to 11 U.S.C.S. § 303(h), a debtor moved to dismiss an involuntary petition filed by petitioning creditors. The debtor also sought an award of reasonable costs and attorney's fees under § 303(i)(1) and punitive damages under § 303(i)(2). Only one petitioning creditor appeared. The issues were limited to whether the debtor's liability to the creditor was subject to a bona fide dispute and whether the petition was filed in bad faith.
Ruling: 
Involuntary petition dismissed due to existence of bona fide dispute as to petitioning creditor's claims.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-036

In re Campbell

In this chapter 13 action, before the court was the debtor's motion for sanctions against the City of Raleigh, a creditor in her chapter 13 case, on grounds that the City filed a claim classifying her debt as secured despite having no basis upon which to do so.
Ruling: 
Debtor awarded fees, but not monetary sanctions, for creditor's misidentification of claim as secured.
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Consumer case opionion summary, case decided on June 05,2013, LexisNexis #0613-106

In re Bath Bridgewater S. LLC

Pending before the court was the matter taken under advisement in connection with the court's order of September 20, 2012: specifically, whether a certain creditor had a deficiency claim, and if not, whether debtor's plan of reorganization should be confirmed pursuant to 11 U.S.C.S. § 1129(b).
Ruling: 
Confirmation denied due to failure to satisfy fair and equitable test for cram down.
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Commercial case opionion summary, case decided on March 12,2013, LexisNexis #0413-026

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