Judge Leonard

In re Robinson

The transferee of a promissory note secured by a deed of trust filed a motion from relief from the automatic stay, but the chapter 13 debtor objected, contending that the transferee lacked standing to file the motion.
Ruling: 
Relief from stay ordered granted if debtor did not cure arrearage within six months.
ABI Membership is required to access the full summary of In re Robinson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 22,2011, LexisNexis #1211-114

In re Brown

Creditor sought in rem relief from the automatic stay per 11 U.S.C.S. § 362(d)(4) on the ground that debtor, whose prior bankruptcy case had been automatically dismissed under 11 U.S.C.S. § 521(i), was engaged in a scheme to delay, hinder and defraud the creditor. Debtor opposed the motion on the ground that there was no fraudulent intent and that she intended to pay the creditor through her chapter 13 plan.
Ruling: 
Relief from stay in debtor's second case, filed after automatic dismissal of first case, denied absent evidence of bad faith.
ABI Membership is required to access the full summary of In re Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 15,2011, LexisNexis #1211-077

In re Babson

A bankruptcy administrator (BA) filed a motion to dismiss a chapter 7 debtor's case for abuse under 11 U.S.C.S. § 707(b)(1).
Ruling: 
Abuse dismissal denied where adjusted schedules showed additional unreimbursed employee expenses.
ABI Membership is required to access the full summary of In re Babson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 01,2011, LexisNexis #0112-057

In re F & G Leonard LLC

In a chapter 11 case, an oversecured creditor filed an application for allowance of a secured claim for actual, reasonable, and necessary attorneys' fees and expenses pursuant to 11 U.S.C.S. § 506(b) and N.C. Gen. Stat. § 6-21.2. It sought a total of $217,415.63. The debtor objected.
Ruling: 
Application for secured claim for attorneys' fees allowed in keeping with broad language of provisions in note.
ABI Membership is required to access the full summary of In re F & G Leonard LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 21,2011, LexisNexis #0112-048

SilverDeer LLC v. Deckelbaum (In re Deckelbaum)

A Chapter 7 debtor filed a motion to dismiss adversary claims filed against him under 11 U.S.C.S. §§ 727 and 523.
Ruling: 
Objection to discharge dismissed due to failure to allege intent to defraud, hinder or delay creditor.
ABI Membership is required to access the full summary of SilverDeer LLC v. Deckelbaum (In re Deckelbaum). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 19,2011, LexisNexis #0112-058

In re M.C. Pipe Inc.

In this chapter 11 case, a creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362, or in the alternative to convert the case to chapter 7. The debtor also filed an application to employ and compensate officers.
Ruling: 
Relief from stay denied where debtor in possession had improved position and creditor was over secured.
ABI Membership is required to access the full summary of In re M.C. Pipe Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 07,2011, LexisNexis #0112-043

In re Smithville Crossing LLC

In debtor real estate LLC's chapter 11, movant lender sought an order requiring debtor's counsel to disgorge a $40,000 retainer allegedly paid from funds in which movant had a secured interest and orders either granting relief from stay per 11 U.S.C.S. § 362(d)(2) or dismissing the case for bad faith per 11 U.S.C.S. § 1112. Debtor moved for an order requiring movant to turn over certain property. Finally, debtor sought authority to hire a CPA.
Ruling: 
Relief from stay denied due to reasonable likelihood of reorganization.
ABI Membership is required to access the full summary of In re Smithville Crossing LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 28,2011, LexisNexis #0112-045

In re Piedmont Ctr. Invs. LLC

A bankruptcy administrator filed an emergency motion for appointment of a chapter 11 trustee under 11 U.S.C.S. § 1104(a)(1) after a federal grand jury indicted the debtor's partial owner and manager on felony counts related to bank fraud, false statements, and identity theft.
Ruling: 
Chapter 11 trustee appointed due to indictment of debtor's partial owner for several felonies.
ABI Membership is required to access the full summary of In re Piedmont Ctr. Invs. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 08,2011, LexisNexis #0112-091

In re Gregory

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a bankruptcy administrator filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(b)(1) and (3), claiming that the debtor miscalculated the means test when she completed Official Bankr. Form B22A. The court held a hearing on the administrator's motion.
Ruling: 
Expenses of non-debtor spouse in maintaining couple's prior primary residence did not need to be included in current monthly income calculation.
ABI Membership is required to access the full summary of In re Gregory. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 17,2011, LexisNexis #0112-089

Hinson v. Chase Home Fin. LLC (In re Hufham)

Plaintiff Chapter 7 trustee filed an action against defendant lenders under 11 U.S.C.S. § 544. Both parties filed motions for summary judgment.
Ruling: 
Misidentification of lot that could be cleared up by title searcher was not grounds for avoidance of mortgage.
ABI Membership is required to access the full summary of Hinson v. Chase Home Fin. LLC (In re Hufham). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 16,2011, LexisNexis #0611-055

Pages

Subscribe to Judge Leonard