In re Carroll
Nov
14
2012
Ruling
Plan modified to include postconfirmation inheritance.
Procedural posture
While bankruptcy debtors' confirmed plan remained pending, one debtor received an inheritance from a deceased parent. The bankruptcy trustee moved to modify the debtors' chapter 13 plan to account for the post-confirmation inheritance as property of the bankruptcy estate.
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Court
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In re Tosh
Nov
06
2012
Ruling
Case converted due to debtor's gross mismanagement of estate and availability of assets for chapter 7 administration.
Procedural posture
A bankruptcy administrator filed a motion to convert a debtor's chapter 11 case to chapter 7 or in the alternative, dismiss the debtor's case pursuant to 11 U.S.C.S. § 1112(b). The debtor did not file a response or objection to the bankruptcy administrator's motion, nor did he or his counsel appear at the hearing.
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Court
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In re Roszowski
Nov
05
2012
Ruling
Debtor could not avoid homeowners' association lien on condominium which had been foreclosed on prior to petition date.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 522(f) which avoided a judicial lien a homeowners' association (HOA) held on real and personal property. The HOA filed a motion seeking an order under 11 U.S.C.S. § 554(b) which required the chapter 7 trustee to abandon personal property the debtor left in a condominium the HOA purchased.
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Court
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In re Mishoe-Hooper
Oct
29
2012
Ruling
Debtor could not reopen case properly dismissed for failure to make plan payments.
Procedural posture
This matter was before the court on debtor's motion to reopen her chapter 13 case pursuant to 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 9024 et seq., to which the trustee objected. A hearing was held.
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Court
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Warren v. Moore (In re Moore)
Aug
17
2012
Ruling
Discharge denied due to numerous misstatements and omissions in statement of financial affairs.
Procedural posture
Chapter 7 trustee filed a complaint against defendant debtor objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A).
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Court
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In re Lancaster
Jul
27
2012
Ruling
IRS and state taxing authority were jointly and separately liable with debtor for turnover of debtor's refunds after demand from trustee.
Procedural posture
A chapter 7 trustee filed a motion to compel the debtors, or in the alternative, to compel the North Carolina Department of Revenue (NCDOR) and the Internal Revenue Service (IRS), to turnover and deliver property to the trustee pursuant to 11 U.S.C.S. § 542(a).
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Court
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In re Krawczyk
Jul
27
2012
Ruling
Case ordered converted or dismissed where presumption of abuse would arise if payment on debt secured by property intended for surrender were eliminated.
Procedural posture
A bankruptcy administrator (BA) filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 707(a), (b)(1), and (b)(3).
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Court
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In re Hamilton
Jun
27
2012
Ruling
Debtor could employ prepetition counsel to handle state court litigation assuming existing executory contract.
Procedural posture
A bankruptcy debtor owed an amount to counsel for services provided by counsel prior to the debtor's bankruptcy petition, and the debtor sought to employ counsel to represent the debtor in a pending state-court litigation. The debtor moved to assume an executory contract with counsel and to employ counsel as special counsel in the litigation.
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Court
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- 11 U.S.C.
Auto Fin. Corp. v. Ward (In re Ward)
Jun
19
2012
Ruling
Sale of four cars that were subject to liens without creditor's consent resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was nondischargeable under multiple provisions of 11 U.S.C.S. § 523(a). The creditor filed a motion for partial summary judgment based only on its allegations under § 523(a)(6).
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Court
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In re Taproot Sys.
Jun
15
2012
Ruling
Protective order sought by creditor under theory of joint defense privilege denied to the extent seeking to prevent disclosure to trustee.
Procedural posture
Creditors filed a motion for a protective order under Fed. R. Bankr. P. 7026(c)(1)(D), alleging that they and a chapter 7 debtor operated under a joint defense agreement in state litigation against the debtor with an expectation of privacy.
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Court
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