- 11 U.S.C.
In re Pace
Nov
02
2015
Ruling
Debtor's attorney ordered to cancel promissory note for fees and release liens placed on property of the estate to secure the note.
Issue(s)
Whether a chapter 7 debtor's attorney may take a security interest in the debtor's property prior to filing bankruptcy to secure both pre- and post-petition professional fees?
ABI Membership is required to access the full summary of In re Pace Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Stiles v. Robbins (In re Robbins)
Aug
21
2015
Ruling
Transfers to subsequent transferees who accepted in good faith for value were not avoidable.
Issue(s)
Could transfers of funds paid by debtors to construction company, which paid the funds to third parties as subsequent transferees, be recovered from the third parties?
ABI Membership is required to access the full summary of Stiles v. Robbins (In re Robbins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re AT-NET Services-Charlotte Inc.
Aug
17
2015
Ruling
Undersecured creditor's claim against debtor's receivables was not of inconsequential value and could be elected to be treated as secured.
Issue(s)
Whether undersecured creditor's interest is "of inconsequential value" which would prevent the creditor from electing to have its entire claim treated as secured.
ABI Membership is required to access the full summary of In re AT-NET Services-Charlotte Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Johnson v. Meabon (In re Meabon)
Aug
13
2015
Ruling
Trustee's late filing of proceeding to revoke discharge was not a jurisdictional defect.
Issue(s)
Should revocation of discharge be vacated where trustee's proceeding was filed outside of the one-year time limit?
ABI Membership is required to access the full summary of Johnson v. Meabon (In re Meabon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Norvell v. Hatcher (In re Norvell)
Jun
11
2015
Ruling
State court judgment was not sufficiently specific to have collateral estoppel effect on issue of nondischargeability.
Issue(s)
Whether a state court judgment concluding that debtor was liable for damages for breach of contract but not for fraud or unfair and deceptive practices precluded creditor from asserting the resulting debt owed is nondischargeable in debtor's bankruptcy case?
ABI Membership is required to access the full summary of Norvell v. Hatcher (In re Norvell) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Runnels
May
11
2015
Ruling
Debtor could modify plan due to substantial, unanticipated change for the worse of financial circumstances.
Issue(s)
Could debtor modify chapter 13 plan due to unanticipated change in financial circumstances due to worsening of disability?
ABI Membership is required to access the full summary of In re Runnels Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Finley Group v. N.C. (In re Redf Mktg. LLC)
Mar
10
2015
Ruling
Proceeding to recover proceeds of fraudulent transfer from state was not barred by sovereign immunity.
Issue(s)
Was avoidance proceeding to recover transfer from state barred by operation of sovereign immunity?
ABI Membership is required to access the full summary of Finley Group v. N.C. (In re Redf Mktg. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Blue Cross & Blue Shield of N.C. v. Jemsek Clinic P.A. (In re Jemsek Clinic P.A.)
Feb
06
2015
Ruling
Cross motions for sanctions denied absent misrepresentations or bad faith.
Issue(s)
Should either of two cross motions for sanctions between chapter 11 debtor clinic and health insurance company be granted?
ABI Membership is required to access the full summary of Blue Cross & Blue Shield of N.C. v. Jemsek Clinic P.A. (In re Jemsek Clinic P.A.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hadley v. Tano (In re Tano)
Feb
02
2015
Ruling
State court judgment based on willful and malicious injury to business partner through dissolution of company that caused shares to become worthless was nondischargeable.
Issue(s)
Whether a state court judgment for improper conduct in dissolution of corporation and breach of a non-compete agreement was nondischargeable as based on willful and malicious injury?
ABI Membership is required to access the full summary of Hadley v. Tano (In re Tano) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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?
ABI Membership is required to access the full summary of In re Nitzsky Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: