Judge Carruthers

In re Davis

The debtors filed for relief under chapter 13 and the debtors submitted a proposed plan. A creditor that had provided financing for the debtors'vehicle objected to confirmation of the proposed plan.
Ruling: 
Secured claim against "910" vehicle required to be paid in full where vehicle was purchased for personal use even though subsequently used for business.
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Consumer case opionion summary, case decided on September 25,2007, LexisNexis #1007-127

In re Evans

Creditor filed a motion for relief from stay and relief from the co-debtor stay. The creditor held a note and deed of trust secured by a mobile home and had the right to pursue state law remedies following default by both the debtor and co-debtor before the debtor's first chapter 13 petition was filed. The instant case was the debtor's second chapter 13 filing.
Ruling: 
Creditor who failed to timely file deficiency claim in debtor's first chapter 13 case could file claim in second case due to dismissal of first case.
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Consumer case opionion summary, case decided on August 27,2007, LexisNexis #1007-040

In re Guillebeaux

Movant, a homeowner's association, sought leave to file a tardy claim on the ground that it was a secured creditor of debtor holding a lien created under N.C. Gen. Stat. § 47F-3-116 (2005), a part of the North Carolina Planned Community Act. Alternatively, movant asserted that it was entitled to have postpetition assessments treated as an administrative expense claim per 11 U.S.C. § 503(b). Debtor objected and asked that the motion be denied.
Ruling: 
Homeowners' association was entitled to administrative expense claim for postpetition assessments.
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In re Banes

The chapter 7 debtor was a defunct dental practice. It had no active patients. The bankruptcy administrator moved for the appointment of a patient care ombudsman. The administrator's motion sought a determination of whether the dental practice was a "health care business,"as defined by 11 U.S.C. § 101(27A).
Ruling: 
Dental practice did not qualify as a "health care business and appointment of health care ombudsman was not required.
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In re Alston

A chapter 13 trustee objected to confirmation of the debtor's chapter 13 bankruptcy plan on the ground that it did not provide the liquidated value of the estate to unsecured creditors in compliance with 11 U.S.C. § 1325(a)(4).
Ruling: 
Confirmation denied due to failure to provide liquidated value of estate to unsecured creditors.
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In re Brandon

Debtor filed her petition for relief in the instant case on April 17, 2006 (petition date). In the one-year period preceding that date, debtor had one case pending (prior case) under the bankruptcy code. The prior case was dismissed. The instant matter came on for hearing upon a motion by creditor to confirm termination or absence of the stay imposed by 11 U.S.C. § 362.
Ruling: 
Termination of stay pursuant to section 362(c)(3) applies only to debtor, not to property of the estate.
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In re Reid

Debtor moved for confirmation of his proposed chapter 13 plan. The debtor's plan proposed payment of two debts that qualified as domestic support obligations, as that term was defined in 11 U.S.C. § 101(14A) . The issue was whether the debtor's proposed treatment of these domestic support obligations satisfied the requirements of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
Ruling: 
Court ruled that plan did not violate section 507(a) but needed to be amended to provide for interest on domestic support obligations.
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In re Bennet

The debtors and a creditor sought approval of a reaffirmation agreement regarding real property.
Ruling: 
Reaffirmation of debt secured by real property denied as not in best interests of debtor since payments were current and ride-through limits applied only to personal property.
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In re Locklair

A trustee filed a motion to reopen the debtors'chapter 7 case to allow for the administration of surplus funds resulting from the sale of their real property by a creditor at public auction.
Ruling: 
Trustee was denied motion to reopen case since trustee technically had abandoned surplus from property sale.
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In re McNeill

Creditor held a security interest in the debtor's mobile home as well as a deed of trust to real property on which the mobile home was placed. The creditor filed an objection to confirmation of the debtor's chapter 13 plan. The issue was whether the creditor's claim was secured only by real property that was the debtor's principal residence and, as such, could not be modified under the terms of her plan pursuant to 11 U.S.C. § 1322(b)(2).
Ruling: 
Objection to confirmation of debtor's plan was sustained since creditor's claim could not be modified under section 1322(b)(2) and debtor could not timely cure default.
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