Skip to main content

Page Banner(Taxonomy)

judge callaway

Roberson, In re

Ruling
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
Issue(s)
Sales Free of Interests.

ABI Membership is required to access the full summary of Roberson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-047

Floyd, In re

Ruling
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of

ABI Membership is required to access the full summary of Floyd, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 20, 2020 , LexisNexis #1220-005

Rouse, In re

Ruling
Chapter 12 debtor's hardship discharge denied without prejudice to reconsideration if thedebtor were to pay a balance determined by the court. (Bankr. E.D.N.C.)
Issue(s)
Discharge; Hardship Discharge.

ABI Membership is required to access the full summary of Rouse, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 02, 2020 , LexisNexis #1120-072

K & J Farms, LLC, In re

Ruling
Confirmation of amended Chapter 12 plan denied for improper cramdown of FSA claim.(Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

ABI Membership is required to access the full summary of K & J Farms, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 01, 2020 , LexisNexis #1120-071

Goldberg, In re

Ruling
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

ABI Membership is required to access the full summary of Goldberg, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 27, 2020 , LexisNexis #0520-065

Coley, In re--DirecTV, LLC v. Coley

Ruling
Debt resulting from conversion and larceny of communications signal was nondischargeable.(Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Coley, In re--DirecTV, LLC v. Coley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 24, 2019 , LexisNexis #1219-064

Steele, In re--Swift Fin. Corp. v. Steele

Ruling
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

ABI Membership is required to access the full summary of Steele, In re--Swift Fin. Corp. v. Steele Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 08, 2019 , LexisNexis #1019-034

Yahweh Ctr., Inc., In re--Cook v. Roberts

Ruling
Complaint in avoidance proceeding was dismissed as it failed to allege facts that couldestablish that debtor paid fees to the bank with the intent to hinder, delay, or defraud the IRS.(Bankr. E.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of Yahweh Ctr., Inc., In re--Cook v. Roberts Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 22, 2019 , LexisNexis #0519-068

Stiletto Mfg., In re

Ruling
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Stiletto Mfg., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 19, 2018 , LexisNexis #0818-099

Yahweh Ctr., In re

Ruling
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan.

ABI Membership is required to access the full summary of Yahweh Ctr., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 04, 2018 , LexisNexis #0618-021