- 11 U.S.C.
In re Roselli
Mar
06
2013
Ruling
Involuntary petition filed by sole petitioning creditor dismissed as debtor had more than 12 qualifying creditors with noncontingent undisputed debts.
Procedural posture
This matter came before the court on alleged debtor's answer to a creditor's involuntary petition, motions to dismiss, and counterclaims.
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Court
:
- 11 U.S.C.
In re RTJJ Inc.
Feb
06
2013
Ruling
Plan of debtor real estate company confirmed as reorganization was preferable to for creditors to a forced sale, which would depress property values.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and asked the court to confirm its second amended bankruptcy plan. A bank that was the debtor's largest creditor filed an objection to the plan and asked the court for relief under 11 U.S.C.S. § 362(d) so it could foreclose on property the debtor owned. The court held a hearing on the debtor's request for confirmation and the motion for stay relief.
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Court
:
- 11 U.S.C.
Spiers v. Spiers (In re Spiers)
Jan
28
2013
Ruling
Discharge denied for bad faith due to intentional nondisclosures, failure to produce documents, lies at Rule 2004 examination and failure to keep accurate records.
Procedural posture
Chapter 7 trustee filed a complaint against debtor objecting to his discharge under 11 U.S.C.S. § 727 and seeking monetary relief on the grounds that the debtor intentionally failed to disclose numerous assets and transfers of assets. The trustee also objected to the debtor's exemptions. The debtor moved for authorization to pay post-petition attorneys fees from exempt assets.
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Court
:
- 11 U.S.C.
In re Eagan
Jan
22
2013
Ruling
Plan confirmed where unauthorized loans during pendency of case did not affect whether plan was proposed in good faith.
Procedural posture
Before the court was the confirmation of the chapter 11 debtor's plan.
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Court
:
- 11 U.S.C.
Ward v. Jenkins (In re Jenkins)
Dec
12
2012
Ruling
Transfer to nondebtor spouse was intended to hinder, delay or defraud creditors and could be avoided.
Procedural posture
The chapter 7 trustee brought an adversary proceeding against the non- debtor wife of the debtor, asserting that she was liable as an initial transferee of proceeds of various legal claims litigated by the debtor, pursuant to 11 U.S.C.S. §§ 544(b), 548(a), 550(a)(1), N.C. Gen. Stat. §§ 39- 23.4(a)(2) and 39-23.5(a). The trustee moved for partial summary judgment on the claims.
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Court
:
- 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.
Wallace v. Crawford (In re Meyers)
Nov
14
2012
Ruling
Life insurance proceeds were property of deceased debtor's spouse's bankruptcy estate.
Procedural posture
The purported beneficiary of a $2,000,000 term life insurance policy sought the proceeds thereof following the death of the named insured. The chapter 7 trustee for the bankruptcy estate of decedent's spouse argued that the chapter 7 estate was the proper beneficiary of the policy, because the right to name the beneficiary had belonged to decedent's prior chapter 7 estate.
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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
:
Day Care-Sam Furr LLC v. McKinnell (In re Ross)
Sep
11
2012
Ruling
Debt was nondischargeable due to debtor's inducement of creditor to extend line of credit to maintain property and conversion of proceeds for personal use.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor was liable for misappropriation of funds from the creditor's wholly owned limited liability company (LLC), and that such debt was nondischargeable under 11 U.S.C.S. § 523(a).
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Court
: