The NCMB offers a database of opinions for the years 2000 onward, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Equipment lease was disguised security agreement.  Motion for allowance of administrative expense claim denied.

Administrative Expenses, Published Yes

The Court dismissed a pro se Chapter 11 Debtor's case where the Debtor filed the petition without counsel and failed to obtain counsel before the hearing on the Bankruptcy Administrator's Motion to Dismiss.

Dismissal, Published No

The Court overruled the Debtor's objection to claim. The Debtor executed a Confession of Judgment in favor of the Creditor, but the Confession of Judgment was not recorded pre-petition. While failure to record the Confession of Judgment rendered it unenforceable as a judgment under North Carolina law, the Creditor was still entitled to assert a general unsecured claim against the bankruptcy estate by filing a proof of claim to determine the Debtor's liability. The fact that the Confession of Judgment was not recorded does not affect the amount of the liability confessed therein.

Claims, Published No

In implementing the Chapter 7 means test, a debtor may not deduct secured debt payments on collateral the debtor does not intend to retain.

Dismissal, Published No

The Court denied the Debtor's motion to impose automatic stay pursuant to Section 362(c)(4); there had not been a substantial change in the financial or personal affairs of the Debtor since the dismissal of the next most previous case, or any other reaon, to determine that the Chapter 13 case of the Debtor would be concluded with a confirmed plan that would be fully performed.

Automatic Stay, Published No

Court disallowed contingent claim.

Claims, Published No

The Court denied the Creditor's motion to convert the Chapter 11 case to Chapter 7 where only two monthly operating reports had been filed and no continuing or substantial loss to the estate had been shown.

Conversion, Published Yes

Motion to dismiss (Rule 12(b)(6)) denied in part, granted in part.  Denied as to objection to claim, breach of contract, breach of duty of good faith and fair dealing, and alternative claims in defense and recoupment.  Granted as to breach of fiduciary duty, constructive fraud, violation of N.C. Gen. Stat. Section 75-1.1, fraud, negligent misrepresentation, and violation of N.C. Gen. Stat. Section 75-50 et seq.

UCC & other State Law Issues, Published Yes

Trustee's motion to sell free and clear of liens under section 363(f) granted.

363(f) Sales, Published No

Because Defendant reasonably believed that its attorney was a properly-licensed attorney and that its communications with him were privileged, the attorney-client relation existed at the time of the communications at issue. All the elements of the attorney-client privilege were present with respect to the communications and Defendant was within its rights in refusing to respond to Plaintiff’s inquiries about them.

Discovery, Published No


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