- 11 U.S.C.
In re Nitzsky
Sep
18
2014
Ruling
Automatic stay applied to judgment of ejectment that was still subject to appeal.
Issue(s)
Was creditor landlord entitled to relief from stay to enforce prepetition judgment for ejectment of debtor tenant where appeal period had not yet expired on petition date?
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Court
:
- 11 U.S.C.
In re Lancett
May
21
2014
Ruling
Motion to set aside voluntary dismissal of chapter 13 case denied.
Issue(s)
Should debtor's motion to reconsider order for voluntary dismissal of chapter 13 case be granted?
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Court
:
- 28 U.S.C.
Barker v. Fox Den Acres Inc. (In re Barker)
May
20
2014
Ruling
State law action by debtor against seller of manufactured home and land was non-core and subject to mandatory abstention.
Issue(s)
Did bankruptcy court have jurisdiction over state law action by debtor against seller of manufactured homes or should the matter be stayed pending mandatory arbitration called for in contractual provision?
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Court
:
In re Carolina Sleep Shoppe LLC
Mar
31
2014
Ruling
Rejection of leases ordered retroactively.
Issue(s)
Could debtor mattress retailer retroactively reject unexpired nonresidential real estate leases?
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Court
:
- 11 U.S.C.
Crawford v. Teague (In re Teague)
Mar
07
2014
Ruling
Trustee entitled to additional recovery of fraudulent transfers made up to four years prior to petition date.
Issue(s)
Should trustee be allowed to recover transfers that occurred more than two years prior to the filing of the petition date, transfers made by a corporation and post-petition transfers?
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Court
:
- 11 U.S.C.
In re Walker
Oct
18
2013
Ruling
Debtor's attorney's application for additional fees denied due to excessive and duplicative charges.
Issue(s)
Was debtor's attorney entitled to additional fees absent novel or difficult issues.
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Court
:
In re Nolan
Jun
19
2013
Ruling
Trustee granted exemption surcharge due to debtor's misconduct in forcing trustee to litigate in order to recover estate property.
Procedural posture
A chapter 11 trustee filed a motion for an order surcharging the debtors' exemptions pursuant to 11 U.S.C.S. § 105(a).
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Court
:
- 11 U.S.C.
Teague v. Thompson (In re Teague)
Apr
29
2013
Ruling
Transfers from debtor to former spouse were not part of property division and were avoidable due to numerous badges of fraud.
Procedural posture
Trustee filed a complaint alleging that the court should allow him to avoid fraudulent transfers under 11 U.S.C.S. § 548 and recover certain property the debtor transferred to defendant, the debtor's wife at the time, prior to filing his chapter 7 bankruptcy.
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Court
:
In re Hatten
Mar
19
2013
Ruling
Servicing agent had standing to seek relief from stay where debtor had not challenged agent's rights at confirmation.
Procedural posture
A servicing agent for a bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d). The chapter 13 debtor moved to dismiss on the grounds that the servicing agent was not a party in interest with standing to bring the motion.
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Court
:
- 11 U.S.C.
Ward v. Jenkins (In re Jenkins)
Dec
12
2012
Ruling
Transfer to nondebtor spouse was intended to hinder, delay or defraud creditors and could be avoided.
Procedural posture
The chapter 7 trustee brought an adversary proceeding against the non- debtor wife of the debtor, asserting that she was liable as an initial transferee of proceeds of various legal claims litigated by the debtor, pursuant to 11 U.S.C.S. §§ 544(b), 548(a), 550(a)(1), N.C. Gen. Stat. §§ 39- 23.4(a)(2) and 39-23.5(a). The trustee moved for partial summary judgment on the claims.
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Court
: