motion for relief from stay
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.
sanctions for violation of automatic stay
stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate
§707(b) (case not dismissed)
petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages
objection to claim of property exemptions overruled
petition preparer fined and enjoined from providing further services
Lena M. James
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.
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.
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.