- 11 U.S.C.
In re Patterson
Nov
26
2012
Ruling
Relief from stay denied where creditor was not entitled under state law to enforce note.
Procedural posture
Movant creditor sought relief from stay per 11 U.S.C.S. § 362 on the ground that debtors, a married couple who had filed a chapter 7 case, were in default on their postpetition mortgage payments and owed $26,658 on account thereof. Debtors opposed the motion on the ground that movant had not complied with N.C. Gen. Stat. § 25-3-309 and so lacked standing per Fed. R. Civ. P. 17(a), applied via Fed. R. Bankr. P. 7017 and Fed. R. Bankr. P. 9014(c).
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Court
:
- 11 U.S.C.
In re Lynch
Nov
07
2012
Ruling
Reaffirmation agreement for debt secured by fishing boat disapproved as not in debtor's best interests.
Procedural posture
Bankruptcy debtors proposed to reaffirm a debt to a creditor secured by the debtors' fishing boat, and the debtors sought approval of a reaffirmation agreement with the creditor.
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Court
:
- 18 U.S.C.
In re Aaron
Oct
26
2012
Ruling
Debtor referred to U.S. Attorney for possible bankruptcy fraud prosecution due to false oath, nondisclosure and forged documents.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee who was appointed to administer the debtor's bankruptcy case filed a motion for an order directing the debtor to appear and show cause why her conduct should not be considered bankruptcy fraud and referred to the U.S. Attorney for possible criminal prosecution. The court held a hearing on the trustee's motion.
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Court
:
- 11 U.S.C.
In re Beatty
Aug
29
2012
Ruling
Confirmation reconsidered and plan modified to reflect changed interest rate under adjustable rate mortgage.
Procedural posture
A bankruptcy debtor's plan was confirmed and provided for payment to a mortgage creditor at a fixed rate, and the creditor subsequently notified the debtor of a mortgage payment change. The creditor moved for reconsideration of the order confirming the debtor's plan.
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Court
:
- FRBP
In re Brown
Jul
03
2012
Ruling
Protective order granted due to creditor's inclusion of account numbers in proof of claim.
Procedural posture
A creditor filed proofs of claim in bankruptcy debtors' cases based on amounts due for cable television services which included the entire account numbers of the debtors. The debtors moved for a protective order to require the creditor to redact all but the last four digits of the account numbers as required by Fed. R. Bankr. P. 9037.
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Court
:
- 11 U.S.C.
In re Jenkins
Jul
02
2012
Ruling
Debtor's failure of means test did not require dismissal.
Procedural posture
This matter came on for hearing on a creditor's Motion to Dismiss Debtor's Chapter 7 Bankruptcy Petition. The trustee in the case filed an objection to the Motion. Another creditor also filed an objection to the Motion. The U.S. Bankruptcy Administrator also filed an objection to the Motion. The moving creditor filed a reply to the Trustee's objection.
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Court
:
- 11 U.S.C.
In re Nolan
Jul
02
2012
Ruling
Debtors could not seek turnover of proceeds of sale of equipment after confirmation and effective date.
Procedural posture
Movants filed a Motion for Turnover of Personal Property & Leave of Court to Pursue State Law Claims Against the Trustee. Also before the court was the Objection thereto of the Chapter 11 trustee for debtors and the trustee of a Liquidating Trust. The Motion sought: (a) immediate turnover of all or portion of the proceeds from the auction of certain Equipment, and (b) leave to pursue state law remedies against the Trustee. A hearing was held.
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Court
:
- 11 U.S.C.
In re Sweetenburg
May
18
2012
Ruling
Landlord could proceed with eviction where debtor landlord failed to make required disclosure of judgment.
Procedural posture
A landlord filed an application for judicial assistance to direct a clerk to provide a certified copy of the docket indicating that an exception to the automatic stay applied to a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 362(b)(22).
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Court
:
Pettus Props. v. VFC Partners 8 LLC (In re Pettus Props.)
Mar
20
2012
Ruling
Tortious interference with contract case properly removed as a core proceeding that would affect administration.
Procedural posture
Plaintiffs, a corporation that declared chapter 11 bankruptcy ("debtor"), an LLC, and the executor of a decedent's estate, sued defendant creditor in the Superior Court for Union County, North Carolina, alleging, inter alia, that the creditor committed tortious interference with a contract. The creditor removed the action to the bankruptcy court, and plaintiffs sought an order remanding the case to state court and/or for permissive abstention.
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Court
: