Judge Stocks

HH1 LLC v. LOR Decks at Calico Jacks LLC (In re HH1 LLC)

Creditor's collection suit was filed in the Superior Court of Guilford County, North Carolina. Debtor filed bankruptcy, and with defendant guarantors, removed the case to the bankruptcy court under 28 U.S.C.S. § 1334(b) and moved for a change of venue under 28 U.S.C.S. § 1412 to the bankruptcy court. The creditor filed a motion to dismiss or for abstention under § 1334(c) and to remand.
Ruling: 
Bankruptcy court abstained from creditor's state law claims against debtor's guarantors which were remanded.
ABI Membership is required to access the full summary of HH1 LLC v. LOR Decks at Calico Jacks LLC (In re HH1 LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 18,2010, LexisNexis #0610-031

In re Genevicz

This case came before the court for a final hearing on debtor's motion to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f). The creditor filed an objection to the motion, asserting that the lien could not be avoided because it did not impair debtor's exemption.
Ruling: 
Lien did not impair exemption when total amount of all liens was less than value of property.
ABI Membership is required to access the full summary of In re Genevicz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 15,2010, LexisNexis #0610-009

In re Bradsher

A bank creditor objected to confirmation of the chapter 13 plan proposed by debtor on the ground that debtor was attempting to modify its secured claim in contravention of the anti- modification provision of 11 U.S.C.S. § 1322(b)(2). The creditor also objected to debtor's $ 22,780 valuation of her residence.
Ruling: 
In state where escrow funds were considered personal property, bank's claim was not secured solely by real property that was debtor's residence and could be modified.
ABI Membership is required to access the full summary of In re Bradsher. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 16,2010, LexisNexis #0410-135

In re Dalton

The United States Bankruptcy Administrator (BA) filed a motion for an order denying a chapter 13 debtor's discharge on the grounds that she was ineligible for a discharge under 11 U.S.C.S. § 1328(f).
Ruling: 
Chapter 13 debtor's discharge denied as prior chapter 7 discharge was received in case converted from chapter 13 and filed less than four years previously.
ABI Membership is required to access the full summary of In re Dalton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-100

In re Chantalenkay

The chapter 13 debtors sought confirmation of their proposed plan pursuant to 11 U.S.C.S. § 1325(a).
Ruling: 
Confirmation denied in "chapter 20" case given evidence of bad faith.
ABI Membership is required to access the full summary of In re Chantalenkay. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-099

In re Aca Real Estate LLC

Following the confirmation of a debtor's chapter 11 plan, the holder of an allowed secured claim (creditor) sought an order converting the case to chapter 7 based on the debtor's default in payment.
Ruling: 
Conversion to chapter 7 after default not allowed until after debtor's period to sell property and pay creditors.
ABI Membership is required to access the full summary of In re Aca Real Estate LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 05,2010, LexisNexis #0210-103

In re Montague

Debtor filed a petition under chapter 13 of the Bankruptcy Code and movant, the debtor's spouse, filed a motion for an order under 11 U.S.C.S. § 362(d) that lifted the automatic stay so that a domestic relations action involving the debtor and his spouse could be tried in state court.
Ruling: 
Stay lifted to allow determination of domestic relations action, but not subsequent enforcement.
ABI Membership is required to access the full summary of In re Montague. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 11,2009, LexisNexis #0210-110

In re Vogler

Movant bank asserted that it held a promissory note and deed of trust from a bankruptcy debtor by assignment, and the note contained an undated endorsement transferring the note to an entity and an illegible signature. The bank moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to enforce the note, and the trustee asserted that lack of evidence of the assignment precluded standing to seek such relief.
Ruling: 
Relief from stay granted to allow bank to enforce note and deed of trust that it held by assignment.
ABI Membership is required to access the full summary of In re Vogler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 25,2009, LexisNexis #1209-113

In re Obie

Bankruptcy debtors' confirmed chapter 13 plan provided for retention of the debtors' residence, regular monthly payments to the mortgage creditor, and an additional monthly amount to cure an arrearage. The debtors objected to the creditor's proof of claim to the extent that the claim for the arrearage included attorney fees incurred for services rendered between the filing of the debtors' bankruptcy petition and plan confirmation.
Ruling: 
Debtors' objection to creditor's postpetition, preconfirmation attorneys fees included in proof of claim sustained.
ABI Membership is required to access the full summary of In re Obie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 24,2009, LexisNexis #1209-118

In re ACA Real Estate LLC

An oversecured creditor in a chapter 11 bankruptcy case sought postpetition interest under 11 U.S.C.S. § 506(b). The parties did not dispute that the creditor was entitled to interest. What was in dispute was the interest rate that should be applied in computing the postpetition interest.
Ruling: 
Oversecured creditor allowed interest at contract rate.
ABI Membership is required to access the full summary of In re ACA Real Estate LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 14,2009, LexisNexis #0909-082

Pages

Subscribe to Judge Stocks