Judge Leonard

In re Rogers

A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
Ruling: 
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-031

Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.)

Creditor filed a motion for a stay pending appeal of two orders pursuant to Fed. R. Bankr. P. 8005
Ruling: 
Stay pending appeal granted to prevent distribution of proceeds of sale of property pursuant to deed of trust disputed by debtor.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-104

In re Tosh

Debtor's chapter 11 plan of reorganization was confirmed. Counsel filed an application for employment nunc pro tunc. While his application for employment was pending, counsel filed an application for compensation for services provided and expenses incurred as counsel for the debtor. The bankruptcy administrator objected to the application. The court entered an order denying counsel's application for employment nunc pro tunc.
Ruling: 
Debtor's counsel's application for compensation denied because counsel's employment had not been authorized.
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Consumer case opionion summary, case decided on June 11,2013, LexisNexis #0713-002

Butler v. Johnson (In re Johnson)

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Trustee initiated an adversary proceeding against the debtor, seeking denial of his discharge pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), and (a)(4)(A). The trustee moved for summary judgment. The trustee also filed a motion seeking an order declaring the requests for admission be deemed admitted for purposes of his summary judgment motion.
Ruling: 
Unintentional misstatements and omissions by illiterate debtor were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-131

In re Tosh

The chapter 11 debtor's counsel filed an application for nunc pro tunc approval of his employment under 11 U.S.C.S. § 327. He sought relief on the grounds of excusable neglect.
Ruling: 
Attorney's nunc pro tunc motion for approval of employment denied due to unreasonable delay.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0713-073

Bolton v. Jacobson (In re Province Grande Olde Liberty LLC)

Investors filed a state court action against debtor and others arising from an alleged Ponzi scheme. The investors sought relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and mandatory abstention and remand to the state court under 28 U.S.C.S. § 1334(c)(2).
Ruling: 
Relief from stay and motion for abstention granted to allow state court to adjudicate action arising out of alleged Ponzi scheme.
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Commercial case opionion summary, case decided on May 17,2013, LexisNexis #0613-078

In re Ecast Corp.

In a bankruptcy case, a creditor filed a motion to compel a cure payment called for under a license agreement executed by the creditor and the debtor. The motion was opposed by the bankruptcy trustee.
Ruling: 
Motion to compel cure payment under license agreement denied as not entitled to priority over other administrative expense claims.
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Commercial case opionion summary, case decided on May 16,2013, LexisNexis #0613-082

In re Holzapfel

A debtor filed an amended motion for entry of an order directing a chapter 7 trustee to abandon certain property of the estate, a pending state court action, pursuant to 11 U.S.C.S. § 554. The defendant in the state court case objected to the motion.
Ruling: 
Debtor's pending state court action arising out of 1977 stock purchase and commenced more than 10 years after case was closed could be abandoned.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-035

In re Johnston

Plaintiff moved for relief from the automatic stay, to which debtor objected. Also before the court were plaintiff's motions for abstention, permissive or mandatory, and for remand to the Superior Court of New Hanover County, North Carolina pursuant to 28 U.S.C.S. §§ 1334(c), 1447 (c) and 1452(b).
Ruling: 
Relief from stay granted as to state court action from which bankruptcy court abstained.
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Consumer case opionion summary, case decided on May 02,2013, LexisNexis #0513-110

Angell v. Meherrin Agric. & Chem. Co. (In re Tanglewood Farms Inc.)

Chapter 7 trustee filed an adversary proceeding against defendant creditor, seeking a determination that he was allowed under 11 U.S.C.S. §§ 544, 547-551, and N.C. Gen. Stat. § 39- 23.1 et seq. to avoid transfers a corporation ("debtor") made to the creditor while the debtor was in chapter 11 bankruptcy. The creditor filed a motion to dismiss.
Ruling: 
Chapter 7 trustee could not avoid preconversion transfers made by debtor while a chapter 11 debtor in possession.
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Commercial case opionion summary, case decided on May 01,2013, LexisNexis #0513-125

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