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Dockins, In re

Jun
04
2021
Ruling
Trustee was not entitled to turnover of funds from a 401(k) plan that debtor inherited from afriend prior to filing for Chapter 7 bankruptcy as the transfer restrictions were enforceable.(Bankr. W.D.N.C.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in

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Consumer opinion summary, case decided on June 04, 2021 , LexisNexis #0721-060
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In re Sullivan

Aug
24
2011
Ruling
Manual changes to debtor's schedules by attorney were not grounds for sanctions absent fraud or improper action.
Procedural posture

The United States Bankruptcy Administrator filed a motion for sanctions against the debtor's attorney on account of manual changes the attorney made to the Official Form 22A-- Chapter 7 Statement of Current Monthly income and Means-Test Calculation.

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Consumer opinion summary, case decided on August 24, 2011 , LexisNexis #0911-103
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In re Woodend LLC

Aug
24
2011
Ruling
Case dismissed where debtor LLC acquired another LLC just prior to petition date in order to avoid foreclosure on acquired LLC's property.
Procedural posture

Debtor, a South Carolina limited liability company ("LLC"), filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor in possession. A bank that held a secured interest in property the debtor acquired when it merged with another South Carolina LLC shortly before it declared bankruptcy filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112, claiming that the case was filed in bad faith.

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Commercial opinion summary, case decided on August 24, 2011 , LexisNexis #0911-131
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Campbell v. Hanover Ins. (In re Campbell)

Nov
03
2010
Ruling
Transfer of lender's funds into certificate of deposit was a contemporaneous exchange for new value and not avoidable.
Procedural posture

Chapter 7 trustee filed this adversary proceeding against defendant surety, claiming that it was an indirect beneficiary of the transfer of a lender's funds into a certificate of deposit and the transfer of the funds was avoidable as a preferential transfer under 11 U.S.C.S. § 547. The matter came before the court for hearing on the surety's Fed. R. Civ. P. 56 motion for summary judgment.

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Consumer opinion summary, case decided on November 03, 2010 , LexisNexis #1210-090
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In re James

Apr
01
2010
Ruling
Counsel sanctioned for falsifying of credit counseling certificate by paralegal.
Procedural posture

After it was discovered that the credit counseling certificate filed by counsel per 11 U.S.C.S. § 109(h)(1) in connection with a chapter 13 filing made on behalf of debtors had been falsified, a married couple, motions were filed by debtors and by the Bankruptcy Administrator (BA). Issues included whether counsel was properly sanctioned by reason thereof and whether debtors were entitled to voluntarily dismiss the case per 11 U.S.C.S. § 1307.

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Consumer opinion summary, case decided on April 01, 2010 , LexisNexis #0810-107
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In re Wall

Sep
17
2007
Ruling
Bifurcation of debt precluded as inclusion of negative equity in financing does not destroy purchase money security interest status.
Procedural posture

This matter was before the court on a creditor's Objection to Confirmation of the debtors'chapter 13 plan. That plan proposed to bifurcate the creditor's secured claim in the debtors'recently purchased car because as part of the purchase, the creditor financed the "negative equity" in the debtors'trade-in vehicle.

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Consumer opinion summary, case decided on September 17, 2007 , LexisNexis #1107-087
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Kuehn v. Cadle Co.

Mar
15
2007
Ruling
Debtor sufficiently described fair debt collection action in schedules so that misidentification of defendant did not proper investigation by trustee and could continue with lawsuit.
Procedural posture

Plaintiff consumer filed a Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., complaint against defendant holding company, then amended the complaint to dismiss the company and name defendant affiliate debt collection firm. The firm filed motions to dismiss as to both complaints, arguing the consumer failed to properly list the lawsuit on her bankruptcy schedules, thus divesting her of standing and the court of jurisdiction.

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opinion summary, case decided on March 15, 2007 , LexisNexis #0407-060
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