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Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0109-072

In re Smith

The court supplemented its previous findings of fact and conclusions of law concerning the application for administrative expenses in the amount of $ 15,158.73, including $ 3,930.70 in attorneys fees and expenses and $ 7,200.00 in expert consultant fees, filed by the debtor pursuant to 11 U.S.C.S. § 503(b). The debtor incurred the expenses while the estate was closed, prior to the case being reopened upon discovery of the underlying lawsuit.
Ruling: 
Debtor allowed administrative expense claim for fees and costs of lawsuit that benefitted the estate.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-045

In re Watson

The debtor filed a motion to excuse compliance with 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to excuse failure to provide tax returns denied as unnecessary absent pending motion to dismiss.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1208-115

In re Smith

After the debtor was granted a chapter 7 discharge, the trustee sought to reopen the case to administer an unlisted lawsuit. The debtor amended his property exemptions to exempt part of the unlisted asset. He also moved for authority to sell real property to his fiance for more than the value listed on schedule A. The sale was allowed. The trustee objected to the sale, seeking an order that the net proceeds belonged to the estate.
Ruling: 
Bankruptcy court declined to revoke abandonment of debtor's real property upon reopening of case to administer unlisted lawsuit.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1208-018

In re Siddon

A debtor filed a motion seeking to impose an automatic stay as to his landlord's attempt to recover possession of an apartment.
Ruling: 
Motion to stay eviction denied where debtor failed to deposit rent due during 30-day period following petition date.
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Consumer case opionion summary, case decided on September 01,2008, LexisNexis #1208-007

In re Alston

Creditor filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1307(c). The creditor argued that the debtor filed the petition in bad faith.
Ruling: 
Dismissal for bad faith denied using totality of circumstances approach.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1208-050

NABCO Inc. v. Holmes (In re Holmes)

Defendant debtor filed a motion to dismiss plaintiff corporation's adversary proceeding alleging that the debtor fraudulently transferred assets within one year of the filing of her chapter 7 petition.
Ruling: 
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1108-132

In re Rouse

Chapter 13 debtors objected to the proof of claim filed by a secured creditor.
Ruling: 
Objection to proof of claim sustained where debtors overcame presumption of validity and creditor failed to meet burden of persuasion.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-115

In re Crink

The United States Bankruptcy Administrator (BA) filed a motion pursuant to 11 U.S.C.S. § 105 to strike chapter 7 debtors' Schedule I and set a new time period for determining the debtors' current monthly income.
Ruling: 
Administrator's motion to strike debtors' Schedule I and redetermine debtors' monthly income denied as without authorization.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-106

In re Hines

A debtor filed for relief under chapter 13 of the Bankruptcy Code and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a motion to extend time to object to the exemptions claimed by the debtor. The debtor objected to the motion for extension of time.
Ruling: 
Conversion to chapter 7 from chapter 13 required a new 341 meeting and created a new 30-day period for trustee to object to debtor's claimed exemptions.
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Consumer case opionion summary, case decided on July 15,2008, LexisNexis #1008-108

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