Judge Stocks

In re Sauls

The chapter 13 debtor filed a motion seeking turnover of his car and/or sanctions against a creditor.
Ruling: 
Creditor's refusal to turn over repossessed vehicle was a willful violation of stay.
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Consumer case opionion summary, case decided on April 11,2012, LexisNexis #0512-004

In re Kittrell

This case came before the court for hearing on an objection by debtor to the U.S. Department of Housing and Urban Development's (HUD) amended proof of claim.
Ruling: 
HUD claim that was unenforceable due to expiration of statute of limitations disallowed.
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Consumer case opionion summary, case decided on February 03,2012, LexisNexis #0312-079

In re Whitley

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed an application for an order requiring the bank to produce documents pertaining to accounts the debtor had at the bank. The bank filed an objection and a motion to quash the trustee's application.
Ruling: 
Bank required to turn over debtor's documents to trustee with exception of privileged suspicious activity reports.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0112-068

In re Renegade Holdings Inc.

A corporation moved to be allowed to file a claim after the expiration of the deadline for filing claims.
Ruling: 
Knowing, strategic decision by creditor not to file proof of claim was not excusable neglect that would allow for a late filing.
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Commercial case opionion summary, case decided on August 19,2011, LexisNexis #0911-135

PTM Techs. Inc. v. Maxus Capital Group LLC (In re PTM Techs. Inc.)

Plaintiff Chapter 11 debtor, a North Carolina corporation, filed separate adversary proceedings against defendants, a lender and an assignee, seeking a determination that liens the lender and the assignee held on the debtor's property were avoidable under 11 U.S.C.S. § 544(a) because they were not property perfected under the North Carolina Uniform Commercial Code (U.C.C.). The parties filed cross-motions for summary judgment.
Ruling: 
Liens that misidentified debtor and were seriously misleading could be avoided.
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Commercial case opionion summary, case decided on July 01,2011, LexisNexis #0811-122

In re Steel Network Inc.

Applicants, creditor bank and affiliates, sought an award of reimbursement of attorneys' fees of $245,845.80 and expenses of $6,829.44, which the creditors had paid to their counsel, pursuant to 11 U.S.C.S. § 506(b).
Ruling: 
Creditor's attorneys' fees allowed with reductions for proceedings not related to claims, prepetition loans and rates.
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Commercial case opionion summary, case decided on June 27,2011, LexisNexis #1011-079

In re Agee

A chapter 7 trustee objected to a debtor's second amended claim for property exemptions under Fed. R. Bankr. P. 1009 on the ground that the debtor's failure to disclose a personal injury cause of action that he sought to exempt under N.C. Gen. Stat. § 1C-1601(a)(8) involved bad faith and on the ground that allowance of the amended claim would prejudice creditors.
Ruling: 
Debtor's amended claim for property exemption disallowed to the extent including previously undisclosed personal injury cause of action.
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Consumer case opionion summary, case decided on February 02,2011, LexisNexis #0311-035

In re Hines

After a secured creditor filed an objection to the chapter 13 debtors' proposed plan of reorganization, the court held a hearing to determine whether the plan should be confirmed.
Ruling: 
Chapter 13 debtor could not modify a secured claim and repay it over a period longer than the term of the plan.
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Consumer case opionion summary, case decided on January 21,2011, LexisNexis #0211-096

Dark v. Thomas (In re Thomas)

According to the complaint, defendant debtor borrowed $50,000 from plaintiff lender on June 14, 2005, which had never been repaid. The complaint alleged that debtor was indebted to the lender for the entire $50,000 plus interest and attorney's fees, and sought an adjudication that such indebtedness was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). Debtor moved to dismiss pursuant to Fed. R. Bankr. P. 7012, Fed. R. Civ. P. 12(b)(6).
Ruling: 
Nondischargeability proceeding dismissed due to insufficiency of allegations.
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Consumer case opionion summary, case decided on January 10,2011, LexisNexis #0211-084

In re Evans

A hearing was held regarding confirmation of a debtor's proposed chapter 13 plan of reorganization. The debtor proposed to pay his unsecured creditors 100 percent of their allowed claims in monthly payments spread over a period of 36 consecutive months. The unresolved issue was the interest rate that had to be provided for the unsecured creditors in order for the plan to comply with the best-interest-of-creditors test in 11 U.S.C.S. § 1325(a)(4).
Ruling: 
Till rate if interest was appropriate for debtors to unsecured creditors in chapter 13 plan.
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Consumer case opionion summary, case decided on July 28,2010, LexisNexis #0910-101

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