Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)
Opinions:
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.
In re Carolina Pediatric Eye Properties, LLC (Case No. 15-50036) 03/26/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Automatic Stay, Published No
In re Hunter (Case No. 14-80214) 02/13/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Debtor moved to reject the Private Mortgage Insurance portion of a deed of trust on her primary residence (or modify her Chapter 13 Plan to the same effect). The court denied the motion under 1322(b).
Chapter 13 Plans, Published No
In re Tosh (Case No. 14-80421) 01/22/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Dismissal of Chapter 11 case for cause under Section 1112 due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, plus gross mismanagement of the estate
Dismissal, Published No
In re Rising (Case No. 07-50123) 1/08/2015 01/08/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).
Reopenings, Published No
In re Land (Case No. 13-11309); In re Eddie Land Masonry Contractor, Inc. (Case No. 13-11314) 12/17/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
Debtors moved for permission to employ special counsel to possibly challenge a judgment in state court that was the basis of the largest claim against the Debtors. The Court granted the Motion based on the Plan language and pursuant to section 327(e).
Employment, Published No
In re McKinney (Case No. 14-81196) 12/08/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
Order dismissing case filed during 180-day bar period with prejudice.
Dismissal, Published No
In re Paterno (Case No. 14-80278) 09/30/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
Objection to fee application of Debtors' counsel in individual Chapter 11 case overruled; interim compensation pursuant to Section 331 may be paid from property of the estate and is not required to be paid from non-exempt funds. Court will not wihhold authorization for disbursement of the interim compensation until confirmation of the plan.
Fees/Compensation, Published No
In re Forgione (Case No. 14-80584) 09/12/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
Trustee's Objection to Debtor's Exemption of whole life insurance policy sustained.
Exemptions, Published No
In re Abbington Partners, LLC (Case No. 14-80681) 07/28/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
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
In re Currin (Case No. 13-51419) 07/15/2014
(Judge: Lena M. James)
(Judge: 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.
Claims, Published No
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