Skip to main content

Page Banner(Taxonomy)

western district of north carolina

In re Duvall

Ruling
Trustee allowed to abandon interest in three LLCs that were of inconsequential value andburdensome to the estate. (Bankr. W.D.N.C.)
Issue(s)
Abandonment of Property of the Estate; By Trustee.

ABI Membership is required to access the full summary of In re Duvall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 09, 2016 , LexisNexis #0117-051

In re Johnson

Ruling
Online bankruptcy petition preparer sanctioned for unauthorized practice of law. (Bankr. E.D.N.C.)
Issue(s)
Should bankruptcy petition preparer who offered services through a Web site be fined for providing legal advice and deceptively, knowingly signing documents that contained misrepresentations?

ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 28, 2016 , LexisNexis #1016-072

In re Story

Ruling
Trustee’s objection to secured claim status of claim secured by fixture overruled. (Bankr.W.D.N.C.)
Issue(s)
Should creditor’s objection to confirmation of the debtors' proposed chapter 13 plan be sustained?

ABI Membership is required to access the full summary of In re Story Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 21, 2016 , LexisNexis #1016-057

Providence Real Estate Ventures, LLC v. Great Circle Capital, LLC (In re GCC-Chase, LLC)

Ruling
Reference of adversary proceeding withdrawn for limited purpose of allowing mediation.(Bankr. W.D.N.C.)
Issue(s)
Should the bankruptcy court withdraw

ABI Membership is required to access the full summary of Providence Real Estate Ventures, LLC v. Great Circle Capital, LLC (In re GCC-Chase, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 29, 2016 , LexisNexis #0816-120

Anderson v. Cellco Pship (In re Anderson)

Ruling
Motion to set aside arbitrator’s finding denying debtor recovery for violation of the automatic stay denied.
Issue(s)
Should arbitration award that denied debtor’s request for damages for violation of the automatic stay be set aside?

ABI Membership is required to access the full summary of Anderson v. Cellco Pship (In re Anderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-036

Taylor v. Crawford (In re Crawford)

Ruling
Discharge denied due to numerous false oaths by debtor.
Issue(s)
Should debtor’s discharge be denied due to false oaths, concealing or withholding property of the estate, and falsifying or failing to preserve financial records?

ABI Membership is required to access the full summary of Taylor v. Crawford (In re Crawford) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-022

In re Temi Holdings LLC

Ruling
Venue transferred as venue requirements controlled over convenience considerations.
Issue(s)
On remand, what were the grounds for the bankruptcy court's order for transfer of venue?

ABI Membership is required to access the full summary of In re Temi Holdings LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 02, 2016 , LexisNexis #0616-132

In re Banner

Ruling
Attorneys sanctioned for agreeing to represent a chapter 13 debtor in filing and then abandoning their representation without notice to the debtor and permission of the court.
Issue(s)
Should attorneys be sanctioned for abandoning representation of debtor?

ABI Membership is required to access the full summary of In re Banner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 02, 2016 , LexisNexis #0616-140

In re Bodrick

Ruling
Paralegal ordered to forfeit fees earned in assisting debtors in filing cases, which amounted to unauthorized practice of law.
Issue(s)
Should paralegal be sanctioned for flagrantly disregarded the requirements of § 110 governing the activities of bankruptcy petition preparers and for engaging in the unauthorized practice of law?

ABI Membership is required to access the full summary of In re Bodrick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-038

In re Johnson

Ruling
Loan servicer violated the automatic stay by repeatedly calling and mailing debtors afterreceiving notice of bankruptcy filing. (Bankr. W.D.N.C.)
Issue(s)
Did loan servicer violate the automatic stay by contacting debtor?

ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 17, 2016 , LexisNexis #0916-110