In re Robinson
Nov
22
2011
Ruling
Relief from stay ordered granted if debtor did not cure arrearage within six months.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Brown
Nov
15
2011
Ruling
Relief from stay in debtor's second case, filed after automatic dismissal of first case, denied absent evidence of bad faith.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Babson
Nov
01
2011
Ruling
Abuse dismissal denied where adjusted schedules showed additional unreimbursed employee expenses.
Procedural posture
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).
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Court
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In re F & G Leonard LLC
Oct
21
2011
Ruling
Application for secured claim for attorneys' fees allowed in keeping with broad language of provisions in note.
Procedural posture
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.
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Court
:
- 11 U.S.C.
SilverDeer LLC v. Deckelbaum (In re Deckelbaum)
Oct
19
2011
Ruling
Objection to discharge dismissed due to failure to allege intent to defraud, hinder or delay creditor.
Procedural posture
A Chapter 7 debtor filed a motion to dismiss adversary claims filed against him under 11 U.S.C.S. §§ 727 and 523.
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Court
:
- 11 U.S.C.
In re M.C. Pipe Inc.
Oct
07
2011
Ruling
Relief from stay denied where debtor in possession had improved position and creditor was over secured.
Procedural posture
In this chapter 11 case, a creditor moved for relief from the automatic stay under 11 U.S.C.S. § 362, in the alternative to convert the case to chapter 7. The debtor also filed an application to employ and compensate officers.
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Court
:
- 11 U.S.C.
In re Smithville Crossing LLC
Sep
28
2011
Ruling
Relief from stay denied due to reasonable likelihood of reorganization.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Piedmont Ctr. Invs. LLC
Sep
08
2011
Ruling
Chapter 11 trustee appointed due to indictment of debtor's partial owner for several felonies.
Procedural posture
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.
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Court
:
In re Gregory
Aug
17
2011
Ruling
Expenses of non-debtor spouse in maintaining couple's prior primary residence did not need to be included in current monthly income calculation.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Hinson v. Chase Home Fin. LLC (In re Hufham)
May
16
2011
Ruling
Misidentification of lot that could be cleared up by title searcher was not grounds for avoidance of mortgage.
Procedural posture
Plaintiff Chapter 7 trustee filed an action against defendant lenders under 11 U.S.C.S. § 544. Both parties filed motions for summary judgment.
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Court
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