Judge Stocks

In re Johnson

A hearing was held on whether a chapter 13 debtor's proposed plan of reorganization should be confirmed. The debtor's ex-spouse objected to the plan on several grounds, including that the debtor impermissibly included their two daughters in his household.
Ruling: 
Former spouse's objection to confirmation sustained due to improper inclusion of independent daughter in household.
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Consumer case opionion summary, case decided on April 02,2013, LexisNexis #0413-136

In re Decoro USA Ltd.

Debtor business filed a motion seeking an order under 11 U.S.C.S. § 505(a) which required the Internal Revenue Service ("IRS") to issue a tax refund in the amount of $560,167. The IRS opposed the motion, claiming that the court did not have jurisdiction to order relief the debtor requested because the debtor did not properly request the refund, as required by § 505(a)(2)(B)(i), and that the debtor's request was procedurally defective.
Ruling: 
Debtor could not compel IRS to issue improperly requested refund.
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Commercial case opionion summary, case decided on March 11,2013, LexisNexis #0413-007

In re Griffin

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after her case was converted to one under chapter 7, she filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a 2004 automobile that was subject to a lien. The court held a hearing on the debtor's motion.
Ruling: 
Chapter 13 valuation of vehicle could not be used after conversion to chapter 7 in post- amendment case.
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Consumer case opionion summary, case decided on March 01,2013, LexisNexis #0313-108

Hutson v. Branch Banking & Trust Co. (In re Wilson)

Plaintiff trustee filed an adversary proceeding against defendant bank, seeking a determination that he was allowed under 11 U.S.C.S. § 544(a) to avoid a lien the bank held on a residence that was owned by two debtors who declared bankruptcy. The bank filed a motion for summary judgment.
Ruling: 
Trustee could not avoid deed of trust misstating date of underlying note where other information was sufficient.
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Consumer case opionion summary, case decided on February 08,2013, LexisNexis #0313-052

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

Defendant bank moved to dismiss the adversary complaint brought by plaintiff chapter 7 trustee, pursuant to Fed. R. Bankr. P. 7012 and 7009 and Fed. R. Civ. P. 12(b)(1), 12(b)(6) and 9(b). The trustee brought claims for conspiracy, unfair and deceptive trade practices, N.C. Gen. Stat. § 75-1.1 et seq., and to avoid allegedly fraudulent transfers of funds from pursuant to 11 U.S.C.S. § 548, 550, or N.C. Gen. Stat. §§ 39-23.4 and 39-23.8.
Ruling: 
Trustee lacked standing to pursue claims belonging to creditors rather than the estate.
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Consumer case opionion summary, case decided on February 07,2013, LexisNexis #0313-054

Lawyers Title Ins. Co. v. Chesson (In re Chesson)

Plaintiff insurer filed a complaint against defendant chapter 7 debtor, alleging a claim based upon common law fraud on the part of the debtor and a claim for unfair and deceptive trade practices under the Unfair and Deceptive Trade Practices Act (UDTPA), N.C. Gen. Stat. § 75-1.1 et seq., and seeking a determination that the damages recoverable pursuant to these claims were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Claim under state unfair trade practices law was nondischargeable.
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Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-015

In re Graves

Movant bankruptcy administrator filed a motion seeking a determination of whether a law firm charged a chapter 13 debtor a reasonable fee, and whether the debtor's attorney was disinterested. The motion was prompted by the fact the debtor's statement of financial affairs showed that he paid the attorney $1,400 less than 90 days before he declared bankruptcy for "attorney fee from previous case."
Ruling: 
Debtor's law firm ordered to disgorge fees paid during preference period.
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Consumer case opionion summary, case decided on September 12,2012, LexisNexis #1012-053

In re Gallo

Debtor moved for sanctions, including damages and attorney's fees, against respondent creditors under 11 U.S.C.S. § 362(k) on claims that they persisted in efforts to collect amounts owed by debtor on a deed of trust despite the fact that they had actual notice of the fact that debtor had filed a chapter 13 case and that such conduct violated the automatic stay in § 362.
Ruling: 
Creditors sanctioned for persisting in collection efforts despite actual notice of chapter 13 case.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-046

In re Swiggert

A creditor of a bankruptcy debtor was pursuing a civil action against the debtor in state court when the debtor filed his chapter 11 bankruptcy petition which stayed the action. The creditor moved to dismiss the debtor's case for lack of good faith.
Ruling: 
Case dismissed for lack of good faith where debtor had no assets, limited income and lack of realistic opportunity for reorganization.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-059

Mullins v. Wells Fargo Bank (In re Mullins)

Chapter 13 debtors, who owned and resided in a residence, alleged that the value of the residence does not exceed $41,000, and moved to modify the secured claim of defendant mortgagee, by reducing the value of its secured claim to $41,000, pursuant to 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Secured claim based on unambiguous deed of trust could not be modified.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-136

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