Judge Leonard

In re Carroll

While bankruptcy debtors' confirmed plan remained pending, one debtor received an inheritance from a deceased parent. The bankruptcy trustee moved to modify the debtors' chapter 13 plan to account for the post-confirmation inheritance as property of the bankruptcy estate.
Ruling: 
Plan modified to include postconfirmation inheritance.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-027

In re Tosh

A bankruptcy administrator filed a motion to convert a debtor's chapter 11 case to chapter 7 or in the alternative, dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112(b). The debtor did not file a response or objection to the bankruptcy administrator's motion, nor did he or his counsel appear at the hearing.
Ruling: 
Case converted due to debtor's gross mismanagement of estate and availability of assets for chapter 7 administration.
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Consumer case opionion summary, case decided on November 06,2012, LexisNexis #1112-128

In re Roszowski

Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 522(f) which avoided a judicial lien a homeowners' association (HOA) held on real and personal property. The HOA filed a motion seeking an order under 11 U.S.C.S. § 554(b) which required the chapter 7 trustee to abandon personal property the debtor left in a condominium the HOA purchased.
Ruling: 
Debtor could not avoid homeowners' association lien on condominium which had been foreclosed on prior to petition date.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1112-127

In re Mishoe-Hooper

This matter was before the court on debtor's motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 9024 et seq., to which the trustee objected. A hearing was held.
Ruling: 
Debtor could not reopen case properly dismissed for failure to make plan payments.
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Consumer case opionion summary, case decided on October 29,2012, LexisNexis #1112-076

Warren v. Moore (In re Moore)

Chapter 7 trustee filed a complaint against defendant debtor objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A).
Ruling: 
Discharge denied due to numerous misstatements and omissions in statement of financial affairs.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-058

In re Krawczyk

A bankruptcy administrator (BA) filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(a), (b)(1), and (b)(3).
Ruling: 
Case ordered converted or dismissed where presumption of abuse would arise if payment on debt secured by property intended for surrender were eliminated.
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Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0812-130

In re Lancaster

A chapter 7 trustee filed a motion to compel the debtors, or in the alternative, to compel the North Carolina Department of Revenue (NCDOR) and the Internal Revenue Service (IRS), to turnover and deliver property to the trustee pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
IRS and state taxing authority were jointly and separately liable with debtor for turnover of debtor's refunds after demand from trustee.
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Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0812-124

In re Hamilton

A bankruptcy debtor owed an amount to counsel for services provided by counsel prior to the debtor's bankruptcy petition, and the debtor sought to employ counsel to represent the debtor in a pending state-court litigation. The debtor moved to assume an executory contract with counsel and to employ counsel as special counsel in the litigation.
Ruling: 
Debtor could employ prepetition counsel to handle state court litigation assuming existing executory contract.
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Consumer case opionion summary, case decided on June 27,2012, LexisNexis #0712-074

Auto Fin. Corp. v. Ward (In re Ward)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was nondischargeable under multiple provisions of 11 U.S.C.S. § 523(a). The creditor filed a motion for partial summary judgment based only on its allegations under § 523(a)(6).
Ruling: 
Sale of four cars that were subject to liens without creditor's consent resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on June 19,2012, LexisNexis #0712-053

In re Taproot Sys.

Creditors filed a motion for a protective order under Fed. R. Bankr. P. 7026(c)(1)(D), alleging that they and a chapter 7 debtor operated under a joint defense agreement in state litigation against the debtor with an expectation of privacy.
Ruling: 
Protective order sought by creditor under theory of joint defense privilege denied to the extent seeking to prevent disclosure to trustee.
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Commercial case opionion summary, case decided on June 15,2012, LexisNexis #0712-100

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