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.
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Lena M. James
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.
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.
Determination that filing a proof of claim does not constitute unfair debt collection under the NCCAA.
Benjamin A. Kahn
Court disallowed contingent claim.
Trustee's motion to sell free and clear of liens under section 363(f) granted.
Trustee's motion to except asset from abandonment upon closing of case denied.
Court disapproved of reaffirmation agreement, as Debtors failed to rebut presumption of undue hardship under 11 U.S.C. § 524(m)
Service upon corporation insufficient under Bankruptcy Rules 4003, 7004, and 9014.