Judge Waldrep

In re Markey

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and asked the court to issue an order which required a creditor to turn over a vehicle the creditor possessed. The creditor filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the automatic stay, and a motion for an order extending the time he had to file a proof of claim and to challenge the debtor's discharge. The court held a hearing on the motions.
Ruling: 
Creditor ordered to surrender car where title remained in the debtor.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0113-120

Hensley v. Pace Airlines Inc. (In re Pace Airlines Inc.)

A law firm that represented employees who filed claims under the Worker Adjustment and Retraining Act ("WARN Act"), 29 U.S.C.S. § 2101 et seq., against an airline's chapter 7 bankruptcy estate filed an application for attorneys' fees and costs and asked the court to find that the application was entitled to priority treatment under 11 U.S.C.S. § 503 as an administrative expense. A bankruptcy administrator and a trustee filed objections.
Ruling: 
Law firm that represented debtor's employees in WARN Act claims was not entitled to administrative expense priority for fee application.
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Commercial case opionion summary, case decided on December 11,2012, LexisNexis #0113-012

In re Marotta

In 13 chapter 13 cases, and on objections by the bankruptcy administrator and the trustee, the court considered the propriety of "no money down" retainer agreements in which debtors paid counsel zero "up front" to file their cases but which provided for payment of legal and filing fees and costs as administrative claims per 11 U.S.C.S. § 330 via the chapter 13 plan. Other objections including objections under 11 U.S.C.S. § 1322 were also raised.
Ruling: 
"No money down" retainer agreement with debtor's counsel did not entitle counsel to administrative expense claim.
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Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-005

Groves v. Duke (In re Duke)

Debtor moved for an order dismissing, as untimely, a complaint filed by ex- employee for a determination that her claim against debtor was nondischargeable per 11 U.S.C.S. § 523. The issue was the effect of Fed. R. Bankr. P. 4007 and Fed. R. Bankr. P. 9006 on the question of whether the deadline could be extended.
Ruling: 
Dischargeability complaint was untimely where motion to extend was not filed prior to expiration of deadline.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-069

Walton Holding of NC LLC v. Young (In re Young)

Creditor filed a complaint against chapter 7 debtor seeking a determination that its claim was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and (a)(6).
Ruling: 
Creditor landlord had no basis for claim for property, not owned by debtor, that was removed from leased premises.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-044

West v. Davis (In re Davis)

Plaintiff bankruptcy administrator filed an adversary proceeding against defendant chapter 7 debtors, seeking an order under 11 U.S.C.S. § 727(a)(4) and (5) which denied the debtors' discharge. The administrator filed a motion for summary judgment, which the debtors did not answer.
Ruling: 
Discharge denied after random audit revealed inaccurate information and material misstatements in schedules.
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Consumer case opionion summary, case decided on August 10,2012, LexisNexis #0912-019

Bynum v. CitiMortgage Inc. (In re Bynum)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor secured by a deed of trust against the debtors' principal residence, seeking a valuation of the residence for purposes of modifying the creditor's secured claim into secured and unsecured claims. The creditor moved to dismiss the complaint.
Ruling: 
Deed of trust did not create security interest in escrow funds but solely against residence, precluding modification.
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Consumer case opionion summary, case decided on July 20,2012, LexisNexis #0812-096

In re Kadlecek

A bankruptcy debtor did not list a creditor in his schedules, and the creditor was unaware of the debtor's bankruptcy when it filed an action in state court against the debtor asserting claims under state law. The creditor moved pursuant to 11 U.S.C.S. § 362(d) for relief from the automatic bankruptcy stay nunc pro tunc to allow the state-court action to proceed.
Ruling: 
Relief from stay granted to allow unlisted creditor to pursue state court action.
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Consumer case opionion summary, case decided on November 16,2011, LexisNexis #1211-075

In re Pepper

Chapter 7 trustee filed an adversary proceeding alleging that defendant debtors were not entitled to a discharge under 11 U.S.C.S. § 727(a)(4)(A) because they knowingly filed schedules that misstated their incomes and failed to disclose certain transactions assets.
Ruling: 
Discharge denied due to gross understatement of income and retirement accounts and omission of investments from schedules.
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Consumer case opionion summary, case decided on November 02,2011, LexisNexis #1211-020

Saslow v. Michael (In re Michael)

Chapter 7 trustee and the bankruptcy administrator brought an adversary proceeding that sought a denial of defendant debtor's bankruptcy discharge pursuant to 11 U.S.C.S. § 727(a) based on the debtor's fraudulent conduct.
Ruling: 
Discharge denied due to debtor's misappropriation of inventory, falsification of accounting records and false and misleading schedules.
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Consumer case opionion summary, case decided on July 15,2011, LexisNexis #0811-101

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