- 11 U.S.C.
In re Rose
Jul
08
2014
Ruling
Secured creditor was not required to accept title to property surrendered by debtor.
Issue(s)
Could debtor's quitclaim their property to lienholder, the Small Business Association, without the SBA's consent?
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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
:
- 11 U.S.C.
In re Carolina Internet Ltd.
Apr
18
2014
Ruling
Sanctions against creditor denied where debtor acted in consort with creditor to subvert bankruptcy.
Issue(s)
Should creditor be sanctioned for filing state court action in violation of discharge injunction where debtor and creditor had an "under the table" agreement for repayment?
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Court
:
Sigmon v. Belk (In re Belk)
Apr
14
2014
Ruling
Discharge denied due to withholding of financial records and failure to explain loss of assets.
Issue(s)
Whether a debtor was to be denied his discharge for false oath, under 11 U.S.C.S. § 727(a)(4)(A), for withholding recorded information, under 11 U.S.C.S. § 727(a)(4)(D), and for failure to explain loss of assets, under 11 U.S.C.S. § 727(a)(5).
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Court
:
- 11 U.S.C.
Johnson v. Meabon (In re Meabon)
Apr
08
2014
Ruling
Predischarge motion to revoke discharge allowed and granted.
Issue(s)
Could trustee obtain a revocation of debtor's discharge when it learned about debtor's alleged fraud after the period for objecting to discharge had expired but before the discharge had been granted?
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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
:
In re Marko
Mar
11
2014
Ruling
Motion to sell real estate free and clear denied so as to avoid granting bankruptcy relief to non-debtor co-owners, although property could be abandoned.
Issue(s)
Could trustee sell property owned by debtors with one debtor's parents free and clear or in the alternative could the property be abandoned?
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Court
:
- 11 U.S.C.
Sigmon v. Cornerstone Home Lending (In re Sprouse)
Mar
11
2014
Ruling
Mortgage assignments did not violate stay.
Issue(s)
Did assignments by lenders of deeds of trust securing promissory note and home equity line of credit violate the automatic stay?
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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
: