Judge Leonard

Ahsan v. Syed (In re Ahsan)

Plaintiff Chapter 13 debtors filed a complaint against defendant creditors pursuant to 11 U.S.C.S. § 506 to determine the value of the creditors' secured claim. The creditors filed a motion for summary judgment.
Ruling: 
Second deed of trust was valid despite failure to record cancellation of first deed of trust.
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Consumer case opionion summary, case decided on March 29,2011, LexisNexis #0411-113

Beaman v. Barth (In re AmeriLink Ltd.)

Chapter 7 trustee filed a complaint against defendant creditors stating 13 claims for relief. This order addressed only the second claim, in which the trustee sought to avoid alleged preferential transfers under 11 U.S.C.S. § 547. The creditors filed separate motions to dismiss the claim pursuant to Fed. R. Bankr. P. 7008(a)(2) and Fed. R. Civ. P. 8(a)(2).
Ruling: 
Preference proceeding dismissed due to conclusory statement in complaint.
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Commercial case opionion summary, case decided on March 11,2011, LexisNexis #0411-090

Metropolitan Health Corp. v. Scott (In re Scott)

Plaintiff creditors filed an adversary proceeding pursuant to 11 U.S.C.S. § 523(a)(6) against defendant debtor to determine the dischargeability of a debt owed to them. The creditors moved for summary judgment.
Ruling: 
Sanctions awarded for debtor's willful and malicious litigation misconduct were nondischargeable.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-051

John Deere Constr. & Forestry Co. v. Keeter (In re Keeter)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking to except from discharge under 11 U.S.C.S. § 523(a)(6) obligations owed to the creditor with respect to five loan contracts. The creditor filed a motion for summary judgment.
Ruling: 
Debtor's sale of collateral where expressly prohibited by loan contracts resulted in nondischargeable debts.
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Consumer case opionion summary, case decided on January 28,2011, LexisNexis #0211-120

In re Kirkbride

Chapter 11 debtors filed a motion for contempt and sanctions against creditor for the creditor's willful violation of a consent order and the court's order confirming the debtors' plan.
Ruling: 
Creditor sanctioned for aggressive collection efforts in violation of stay and consent order.
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Consumer case opionion summary, case decided on November 19,2010, LexisNexis #1210-107

In re Said Domi Amra

Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and the bankruptcy administrator filed a motion for an order requiring the debtor's attorney to show cause why he should not be sanctioned for failure to comply with the disclosure requirements of Fed. R. Bankr. P. 2016 and a motion for an order under Fed. R. Bankr. P. 2017 allowing the administrator to examine the debtor's transactions with his attorney.
Ruling: 
Debtor's attorney sanctioned for violation of fee disclosure agreement.
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Consumer case opionion summary, case decided on November 09,2010, LexisNexis #1210-065

In re 3G Props. LLC

In a chapter 11 case, a bank filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d). It argued that there was lack of adequate protection and that the property was not necessary for an effective reorganization.
Ruling: 
Bank's motion for relief from stay denied where subject property was necessary for effective reorganization and would likely maintain value.
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Commercial case opionion summary, case decided on November 05,2010, LexisNexis #0111-042

Wilson v. Wall-McMahel (In re Wall-McMahel)

Judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained in the Vance County Superior Court, North Carolina, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The court granted the creditors' motion for summary judgment in part, and scheduled a trial on the issue of whether the debtor intended to deceive the creditors.
Ruling: 
State court judgment was dischargeable absent evidence that debtor intended to defraud creditors.
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Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1110-019

Mercer v. Bank of Currituck (In re Mercer)

This adversary proceeding was filed by plaintiff debtor to determine the validity of the lien asserted by defendant bank on real property owned by debtor. The matter before the court was debtor's motion for partial summary judgment, seeking to avoid the bank's lien under 11 U.S.C.S. §§ 544(a)(1), 1107(a) as unenforceable against the debtor-in-possession because the lien was not properly perfected at the time of debtor's bankruptcy filing.
Ruling: 
Lien that was improperly perfected on petition date could be avoided by debtor in possession.
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Consumer case opionion summary, case decided on July 23,2010, LexisNexis #0910-021

In re C.W. Mining Co.

Chapter 7 trustee for debtor mining company filed a series of motions, collectively referred to as the Sale Motion, requesting entry of an order pursuant to 11 U.S.C.S. §§ 105, 363 and 365 authorizing the trustee to sell the mine assets of the estate free and clear of any and all liens, claims, encumbrances, and interests, to a designated buyer.
Ruling: 
Sale of debtor mining company's assets approved due to highest possible purchase price and maximum benefit to creditors.
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Commercial case opionion summary, case decided on July 14,2010, LexisNexis #0910-041

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