Judge Humrickhouse

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

Oparaji v. Wells Fargo Bank (In re Oparaji)

In this chapter 13 case, the debtor filed an adversary proceeding against defendant creditor seeking a declaratory judgment disallowing the creditor's proof of claim based on theories of judicial and equitable estoppel. The court granted the objection on judicial estoppel grounds but that decision was reversed. The creditor sought summary judgment on the remainder of the debtor's complaint.
Ruling: 
Creditor's failure to disclose total amount owed in debtor's first chapter 13 case was not grounds for disallowance of full claim in second case.
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Consumer case opionion summary, case decided on March 08,2013, LexisNexis #0413-045

In re Clements

Debtor declared chapter 11 bankruptcy and proposed a plan for paying his creditors. A creditor filed a claim in the amount of $4,391,057 against the debtor's bankruptcy estate, and the debtor filed an objection to the claim. The creditor filed a motion by and through her guardian which requested an order pursuant to Fed. R. Bankr. P. 3018 that temporarily allowed her claim so she could vote on the debtor's plan.
Ruling: 
Claim temporarily allowed so that creditor could vote on debtor's plan.
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #0313-137

In re Brier Creek Corporate Ctr. Assocs. Ltd.

Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the court granted the debtors' motion for an order staying arbitration which the bank had demanded against individuals and entities that guaranteed debts the debtors owed. The bank asked the court to stay its order pending appeal.
Ruling: 
Motion for stay pending appeal of order staying arbitration until confirmation hearing denied .
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Commercial case opionion summary, case decided on February 12,2013, LexisNexis #0313-033

In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship v. Bank of Am. (In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship)

Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the bank filed a motion which asked the court to abstain from hearing the case and to compel arbitration. The court held a hearing on the bank's motion.
Ruling: 
Bankruptcy court refused to abstain from or compel arbitration of contract suit that addressed core issues relating to creditor bank's claims.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0413-030

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