- 28 U.S.C.
HH1 LLC v. LOR Decks at Calico Jacks LLC (In re HH1 LLC)
Mar
18
2010
Ruling
Bankruptcy court abstained from creditor's state law claims against debtor's guarantors which were remanded.
Procedural posture
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.
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Court
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In re Genevicz
Mar
15
2010
Ruling
Lien did not impair exemption when total amount of all liens was less than value of property.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Bradsher
Feb
16
2010
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.
Procedural posture
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.
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Court
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In re Dalton
Jan
07
2010
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.
Procedural posture
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).
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Court
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In re Chantalenkay
Jan
07
2010
Ruling
Confirmation denied in "chapter 20" case given evidence of bad faith.
Procedural posture
The chapter 13 debtors sought confirmation of their proposed plan pursuant to 11 U.S.C.S. § 1325(a).
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Court
:
- FRBP
In re Aca Real Estate LLC
Jan
05
2010
Ruling
Conversion to chapter 7 after default not allowed until after debtor's period to sell property and pay creditors.
Procedural posture
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.
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Court
:
In re Montague
Dec
11
2009
Ruling
Stay lifted to allow determination of domestic relations action, but not subsequent enforcement.
Procedural posture
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.
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Court
:
In re Vogler
Nov
25
2009
Ruling
Relief from stay granted to allow bank to enforce note and deed of trust that it held by assignment.
Procedural posture
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.
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Court
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In re Obie
Nov
24
2009
Ruling
Debtors' objection to creditor's postpetition, preconfirmation attorneys fees included in proof of claim sustained.
Procedural posture
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.
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Court
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In re ACA Real Estate LLC
Jul
14
2009
Ruling
Oversecured creditor allowed interest at contract rate.
Procedural posture
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.
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Court
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