In re Clayton Profl Ctr. LLC
Jun
13
2012
Ruling
Chapter 11 case dismissed, rather than converted to chapter 7, as providing stronger opportunity for property management and maximizing estate's value.
Procedural posture
This matter came before the court on a motion by a creditor to dismiss debtor's chapter 11 case pursuant to 11 U.S.C.S. § 1112.
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Court
:
- FRBP
In re TP Inc.
Jun
12
2012
Ruling
Consent order allowing company to foreclose set aside to prevent irreparable harm to estate.
Procedural posture
The chapter 11 trustee sought to modify, amend, or set aside a consent order entered for the benefit of creditor mortgagee, pursuant Fed. R. Civ. P. 60(b)(1), (2), (3), and (6), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024. The consent order modified the automatic stay to allow the creditor to proceed with foreclosure on certain of the debtor's properties.
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Court
:
In re Croatan Surf Club LLC
May
25
2012
Ruling
Postpetition interest and attorneys' fees disallowed in proof of claim but allowed in part on creditor's motion.
Procedural posture
Chapter 11 debtor and a junior lender filed objections to a proof of claim filed by the senior lender. The senior lender filed a motion pursuant to 11 U.S.C.S. § 506(b) for post- petition interest on its secured claim, as well as attorney's fees if not allowed as asserted in its proof of claim. The senior lender also filed a motion for a superpriority administrative expense claim pursuant to 11 U.S.C.S. § 507(b).
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Court
:
- 11 U.S.C.
Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)
May
25
2012
Ruling
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
Procedural posture
Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
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Court
:
- 11 U.S.C.
In re Gilman
Apr
12
2012
Ruling
Case ordered converted or dismissed for cause due to debtors' failure to attempt to reduce expenses and singling out judgment creditor for nonpayment.
Procedural posture
Debtors filed a joint petition under chapter 7 of the Bankruptcy Code, and a bankruptcy administrator filed a motion for an order under 11 U.S.C.S. § 707(a), (b)(1), and (b)(3) that dismissed the debtors' case. The court held a hearing on the motion.
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Court
:
- 11 U.S.C.
Poston v. Toomey (In re Toomey)
Mar
05
2012
Ruling
Debt owed to buyers of debtor's property was dischargeable absent evidence of fraud or intent to harm creditor.
Procedural posture
Creditors sought a determination that the obligation owed to them by chapter 7 debtors was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(6).
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Court
:
- 28 U.S.C.
BellSouth Telcoms LLC v. Halo Wireless Inc.
Mar
05
2012
Ruling
Proceedings remanded to state utility commission as related to bankruptcy but not within conventional experience of bankruptcy court.
Procedural posture
Plaintiff, a provider of wireless telecommunications services, filed a motion against defendant chapter 11 debtor to strike defendant's notice of removal or, in the alternative, to remand the case, which had been removed from the North Carolina Utilities Commission (NCUC).
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Court
:
- 11 U.S.C.
In re Mead
Feb
24
2012
Ruling
Case reopened in order to find creditor, debtor's former fiancée, in contempt of discharge injunction.
Procedural posture
The matter before the court was the chapter 7 debtor's motion to reopen the bankruptcy case and for the court to find a creditor, his former fiancee, in contempt for violating the discharge injunction by reinstating her federal lawsuit against him in Illinois after the discharge injunction was imposed and his case was closed.
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Court
:
In re Croatan Surf Club LLC
Jan
12
2012
Ruling
Relief from stay to denied where creditor could not both vote another creditor's claim to object to possibly confirmable plan.
Procedural posture
A bank filed a motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1), (2), and (3). The court only addressed the bank's contentions under § 362(d)(3), as that section presented a threshold issue.
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Court
:
In re Swartville LLC
Jan
12
2012
Ruling
Chapter 11 case in which plan proposed that creditor seek deficiency from guarantors was not filed in bad faith.
Procedural posture
A creditor filed a motion to dismiss or convert a debtor's chapter 11 case as a bad faith filing under 11 U.S.C.S. § 1112(b).
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Court
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