In re Meade
Mar
22
2013
Ruling
Bank that was a general unsecured creditor lacked standing to challenge sale of real property free and clear of liens.
Procedural posture
In this chapter 11 case, movant bank sought a decision regarding whether the debtor's sale of real property conformed to the court's order authorizing the debtor to sell the real property free and clear of all liens under 11 U.S.C.S. § 363(f), including the liens of the bank.
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Court
:
- 11 U.S.C.
In re Gately
Mar
11
2013
Ruling
Creditor LLC sanctioned for continuous demands for payment in violation of stay.
Procedural posture
Debtors declared chapter 13 bankruptcy in August 2012, listed an LLC as having an unsecured claim in the amount of $5,195, and proposed an amended plan in February 2013 for paying their creditors which required them to pay $3,306 into their plan. In January 2013, the debtors filed a motion for an order requiring the LLC to show cause why it should not be sanctioned for violating the automatic stay that was imposed pursuant to 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
Keese v. Mitchell (In re Mitchell)
Feb
22
2013
Ruling
Debtor's former spouse had not right to initiate avoidance proceeding due to release of right to sue in divorce order.
Procedural posture
Ex-husband instituted this adversary proceeding seeking a determination that debtor's November 7, 2011 transfers of two properties were made with the intent to hinder, delay, and/or defraud a creditor or officer of the estate and requesting denial of debtor's discharge under 11 U.S.C.S. § 727(a)(2). Debtor moved for summary judgment, Fed. R. Civ. P. 56.
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Court
:
- 11 U.S.C.
In re Burcam Capital II LLC
Feb
15
2013
Ruling
Plan confirmed over objection where placement of unsecured claims, purchased by secured creditor in order to block confirmation, in separate class was reasonable.
Procedural posture
In this chapter 11 case, the debtor sought confirmation of its plan and the debtor's only secured creditor filed various objections and a motion to dismiss.
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Court
:
Camp Flintlock Inc. v. Stephenson (In re Stephenson)
Feb
15
2013
Ruling
Discrepancy between value of assets in schedules and on tax returns was not basis for revocation of discharge.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtors seeking to revoke their discharge under 11 U.S.C.S. § 727(a)(2), (a)(4), and (a)(5) and seeking a determination of the dischargeability of a state court judgment awarded against the debtors pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6). The debtors moved to dismiss the complaint for failure to state a claim upon which relief could be granted.
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Court
:
- 11 U.S.C.
In re Ballew
Jan
11
2013
Ruling
Applicable commitment period only applied to debtors making payments based on positive projected disposable income.
Procedural posture
Trustee sought dismissal of numerous chapter 13 cases on claims including that some debtors had failed to contribute their projected disposable income (PDI) to pay unsecured creditors per 11 U.S.C.S. § 1325(b)(1)(B) based on claims that the presence of early termination language in some of the plans and the use of plan terms of less than 5 years in others improperly resulted in unsecured creditors receiving less than such debtor's PDI.
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Court
:
In re Mead
Jan
04
2013
Ruling
Objection to tax claim for full amount of liability rather than compromise amount sustained.
Procedural posture
The IRS filed a proof of claim for the full amount of the debtors' tax liability even though the debtors and the IRS had entered into a compromise of that tax liability and the debtors were not in default of the compromise terms. The debtors filed an objection to the claim.
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Court
:
- 28 U.S.C.
In re Honeycutt
Dec
21
2012
Ruling
Transfer of venue denied where debtor's principal place of business was within district.
Procedural posture
Debtor's ex-spouse, the largest unsecured creditor in the case, filed a motion contending that venue was improper in the Eastern District of North Carolina pursuant to 28 U.S.C.S. §§ 1408, 1406, and sought an order transferring the case to the Western District of North Carolina, or dismissal pursuant to Fed. R. Bankr. P. 1014(a)(2). If venue was proper, she maintained the case should be transferred pursuant to 28 U.S.C.S. § 1412. Debtor objected.
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Court
:
- FRBP
In re Wilbanks
Dec
21
2012
Ruling
Rule 2004 examination was proper where no adversary proceeding or contested matter was pending.
Procedural posture
This matter came before the court on debtors' motion to quash the Fed. R. Bank. P. 2004 examination by a bank, to which the bank objected.
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Court
:
In re Tosh
Dec
19
2012
Ruling
Reconsideration of conversion order granted where debtor's counsel took responsibility for failure to appear and debtor took necessary remedial steps.
Procedural posture
Debtor raised a motion for reconsideration, under Fed. R. Civ. P. 59(e), of a court order that converted his voluntarily-filed chapter 11 case to chapter 7 pursuant to 11 U.S.C.S. § 1112(b) on the motion of the bankruptcy administrator. The latter objected to debtor's motion.
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Court
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