Eastern District

Ralph Hodge Constr. Co. v. Howard (In re Howard)

Creditor filed a complaint against chapter 7 debtor husband objecting to the dischargeability of debts pursuant to 11 U.S.C.S. § 523(a)(2)(A) and seeking damages for fraud, conversion, and unfair and deceptive trade practices pursuant to N.C. Gen. Stat. § 75-1.1 against the debtor. The chapter 7 trustee objected to the creditor's claim.
Ruling: 
Debt was nondischargeable due to fraudulent misrepresentations to creditor.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0813-054

In re Quantum Cool LLC

Pursuant to 11 U.S.C.S. § 303(h), a debtor moved to dismiss an involuntary petition filed by petitioning creditors. The debtor also sought an award of reasonable costs and attorney's fees under § 303(i)(1) and punitive damages under § 303(i)(2). Only one petitioning creditor appeared. The issues were limited to whether the debtor's liability to the creditor was subject to a bona fide dispute and whether the petition was filed in bad faith.
Ruling: 
Involuntary petition dismissed due to existence of bona fide dispute as to petitioning creditor's claims.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-036

In re Rogers

A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
Ruling: 
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-031

In re Moore

The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to reconvert.
Ruling: 
Confirmation denied due to negative projected disposable income and case ordered converted unless confirmable plan was filed within 14 days.
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Consumer case opionion summary, case decided on June 18,2013, LexisNexis #0713-064

Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.)

Creditor filed a motion for a stay pending appeal of two orders pursuant to Fed. R. Bankr. P. 8005
Ruling: 
Stay pending appeal granted to prevent distribution of proceeds of sale of property pursuant to deed of trust disputed by debtor.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-104

In re Tosh

Debtor's chapter 11 plan of reorganization was confirmed. Counsel filed an application for employment nunc pro tunc. While his application for employment was pending, counsel filed an application for compensation for services provided and expenses incurred as counsel for the debtor. The bankruptcy administrator objected to the application. The court entered an order denying counsel's application for employment nunc pro tunc.
Ruling: 
Debtor's counsel's application for compensation denied because counsel's employment had not been authorized.
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Consumer case opionion summary, case decided on June 11,2013, LexisNexis #0713-002

In re Campbell

In this chapter 13 action, before the court was the debtor's motion for sanctions against the City of Raleigh, a creditor in her chapter 13 case, on grounds that the City filed a claim classifying her debt as secured despite having no basis upon which to do so.
Ruling: 
Debtor awarded fees, but not monetary sanctions, for creditor's misidentification of claim as secured.
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Consumer case opionion summary, case decided on June 05,2013, LexisNexis #0613-106

Butler v. Johnson (In re Johnson)

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Trustee initiated an adversary proceeding against the debtor, seeking denial of his discharge pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), and (a)(4)(A). The trustee moved for summary judgment. The trustee also filed a motion seeking an order declaring the requests for admission be deemed admitted for purposes of his summary judgment motion.
Ruling: 
Unintentional misstatements and omissions by illiterate debtor were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-131

In re Carlton

A debtor filed a motion for 11 U.S.C.S. § 362(k) sanctions, contending that a creditor was liable for damages for willful violation of the automatic stay and asking the court to impose monetary sanctions in an amount no less than $60,000 as well as attorney's fees in the amount of no less than $7,500.
Ruling: 
Intentional auction of debtor's vehicle violated stay and was grounds for sanctions.
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Consumer case opionion summary, case decided on May 24,2013, LexisNexis #0613-075

In re Tosh

The chapter 11 debtor's counsel filed an application for nunc pro tunc approval of his employment under 11 U.S.C.S. § 327. He sought relief on the grounds of excusable neglect.
Ruling: 
Attorney's nunc pro tunc motion for approval of employment denied due to unreasonable delay.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0713-073

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