Judge Stocks

In re Martin

The U.S. Bankruptcy Administrator asserted that debtors' disposable income raised a presumption of abuse of chapter 7 bankruptcy and that, in any event, the circumstances of the debtors and their bankruptcy case indicated actual abuse. The Administrator moved to dismiss the debtors' case pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Case ordered converted to chapter 13 or dismissed on totality of circumstances showing that debtor could fund a plan.
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Consumer case opionion summary, case decided on June 19,2009, LexisNexis #0809-051

In re Witherspoon

A debtor filed for relief under chapter 13. An attorney for the debtor filed an application for allowance and payment of attorney's fees.
Ruling: 
Reasonable attorneys' fees allowed in dismissed case for services that were necessary when rendered.
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Consumer case opionion summary, case decided on April 29,2009, LexisNexis #0709-039

In re Heinze

A debtor filed for relief under chapter 7 of the Bankruptcy Code. In earlier proceedings a chapter 7 trustee obtained an order to sell property that was held jointly by the debtor and another, and to employ the services of a salesperson. The trustee sought an order, pursuant to 11 U.S.C.S. § 363(j), for an allocation of fees and expenses related to the sale between the debtor's estate and the other owner.
Ruling: 
Debtor's co-owner's share of fees from sale of property could be deducted from its share of proceeds.
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Consumer case opionion summary, case decided on April 16,2009, LexisNexis #0609-132

Ivey v. Hunter Acquisitions Inc. (In re Carolina Acoustical & Floorings Inc.)

Chapter 7 trustee filed an adversary complaint against the obligor on promissory notes for $30,000 and $50,000, arising out of defendant's purchase of the assets of debtor. At issue inter alia was the impact on the rights of the various parties of setoff provisions in 11 U.S.C.S. § 553 and former Article 6 of North Carolina's version of the Uniform Commercial Code (NCUCC), N.C. Gen. Stat. § 25-6-101 et. seq. (repealed 2005).
Ruling: 
Obligor on promissory note in favor of debtor allowed setoff for debtor's breach of contract.
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Commercial case opionion summary, case decided on March 03,2009, LexisNexis #0509-066

In re Siddon

A debtor filed a motion seeking to impose an automatic stay as to his landlord's attempt to recover possession of an apartment.
Ruling: 
Motion to stay eviction denied where debtor failed to deposit rent due during 30-day period following petition date.
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Consumer case opionion summary, case decided on September 01,2008, LexisNexis #1208-007

In re Crink

The United States Bankruptcy Administrator (BA) filed a motion pursuant to 11 U.S.C.S. § 105 to strike chapter 7 debtors' Schedule I and set a new time period for determining the debtors' current monthly income.
Ruling: 
Administrator's motion to strike debtors' Schedule I and redetermine debtors' monthly income denied as without authorization.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-106

In re Mid Atl. Retail Group Inc.

A corporate debtor filed a petition under chapter 7 of the Bankruptcy Code, and an interim trustee was appointed to represent the bankruptcy estate. An attorney who represented movants, an ad hoc committee of creditors, called for an election of a permanent trustee, pursuant to 11 U.S.C.S. § 702, and asked the court to resolve a disputed election after the interim trustee received more votes than a limited liability company (LLC).
Ruling: 
LLC was not eligible to serve as chapter 7 trustee.
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Commercial case opionion summary, case decided on June 18,2008, LexisNexis #0708-109

In re Nifong

In the motion for relief before the court, movants requested that the court modify the automatic stay and permit them to proceed with the prosecution of a Civil Action in a federal district court in order to liquidate their claims against debtor. Movants also requested that the court stay further proceedings in the 11 U.S.C.S. § 523(a)(6) dischargeability proceeding pending the outcome of the civil action.
Ruling: 
Stay modified to allow Duke lacrosse players' malicious prosecution tort claims against debtor former prosecutor to proceed in state court.
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Consumer case opionion summary, case decided on May 27,2008, LexisNexis #0808-014

In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above median debtors' boat payments were not necessary but nevertheless properly deductible.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-127

In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor's boat payments were reasonably necessary expenses which could be deducted from current monthly income calculation.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-055

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