Search Opinion

In re Honeycutt

Debtor's ex-spouse, the largest unsecured creditor in the case, filed a motion contending that venue was improper in the Eastern District of North Carolina pursuant to 28 U.S.C.S. §§ 1408, 1406, and sought an order transferring the case to the Western District of North Carolina, or dismissal pursuant to Fed. R. Bankr. P. 1014(a)(2). If venue was proper, she maintained the case should be transferred pursuant to 28 U.S.C.S. § 1412. Debtor objected.
Ruling: 
Transfer of venue denied where debtor's principal place of business was within district.
ABI Membership is required to access the full summary of In re Honeycutt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-061

In re Wilbanks

This matter came before the court on debtors' motion to quash the Fed. R. Bank. P. 2004 examination by a bank, to which the bank objected.
Ruling: 
Rule 2004 examination was proper where no adversary proceeding or contested matter was pending.
ABI Membership is required to access the full summary of In re Wilbanks. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-062

In re LichtinWade LLC

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor asked the court to disallow a claim filed by another creditor, contending that the claim was untimely under 11 U.S.C.S. § 502(b)(9). The court held a hearing on the creditor's motion.
Ruling: 
Creditor with claim that was not listed as disputed, contingent or unliquidated and agreed with that designation was not required to file proof of claim.
ABI Membership is required to access the full summary of In re LichtinWade LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-025

In re Tosh

Debtor raised a motion for reconsideration, under Fed. R. Civ. P. 59(e), of a court order that converted his voluntarily-filed chapter 11 case to chapter 7 pursuant to 11 U.S.C.S. § 1112(b) on the motion of the bankruptcy administrator. The latter objected to debtor's motion.
Ruling: 
Reconsideration of conversion order granted where debtor's counsel took responsibility for failure to appear and debtor took necessary remedial steps.
ABI Membership is required to access the full summary of In re Tosh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 19,2012, LexisNexis #0113-026

In re LichtinWade LLC

Debtor limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. The debtor proposed a plan for reorganizing its business, and a secured creditor asked the court to disallow votes that were cast in favor of the plan by another creditor. The court held a hearing on the creditor's motion.
Ruling: 
Votes cast in favor of plan by nonstatutory insider of debtor would not be counted.
ABI Membership is required to access the full summary of In re LichtinWade LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-028

In re LichtinWade LLC

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor filed an objection to a chapter 11 bankruptcy plan the debtor proposed, and the debtor filed a motion which asked the court to disallow all votes the creditor cast against the debtor's plan, pursuant to 11 U.S.C.S. § 1126(e). The court held a hearing on the debtor's motion.
Ruling: 
Creditor's vote against debtor's plan could not be disallowed absent evidence of alleged bad faith.
ABI Membership is required to access the full summary of In re LichtinWade LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 17,2012, LexisNexis #0113-029

In re Baker

A chapter 13 debtor filed an objection to a creditor's claim, asserting that it was not a domestic support obligation entitled to first priority status under 11 U.S.C.S. § 507(a)(1)(A). The creditor, his ex-wife, objected to confirmation of the debtor's plan.
Ruling: 
Portion of debtor's home equity loan obligation to former spouse owed pursuant to divorce and due prior to petition date was a nondischargeable domestic support obligation.
ABI Membership is required to access the full summary of In re Baker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-013

Ward v. Jenkins (In re Jenkins)

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.
Ruling: 
Transfer to nondebtor spouse was intended to hinder, delay or defraud creditors and could be avoided.
ABI Membership is required to access the full summary of Ward v. Jenkins (In re Jenkins). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-022

In re Sappah

The chapter 13 trustee sought to dismiss the case of respondent debtors on the ground that they were ineligible to be chapter 13 debtors pursuant to 11 U.S.C.S. § 109(e).
Ruling: 
Chapter 13 case ordered converted or dismissed due to debt in excess of limits.
ABI Membership is required to access the full summary of In re Sappah. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0113-001

Hensley v. Pace Airlines Inc. (In re Pace Airlines Inc.)

A law firm that represented employees who filed claims under the Worker Adjustment and Retraining Act ("WARN Act"), 29 U.S.C.S. § 2101 et seq., against an airline's chapter 7 bankruptcy estate filed an application for attorneys' fees and costs and asked the court to find that the application was entitled to priority treatment under 11 U.S.C.S. § 503 as an administrative expense. A bankruptcy administrator and a trustee filed objections.
Ruling: 
Law firm that represented debtor's employees in WARN Act claims was not entitled to administrative expense priority for fee application.
ABI Membership is required to access the full summary of Hensley v. Pace Airlines Inc. (In re Pace Airlines Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 11,2012, LexisNexis #0113-012

Pages