The Court confirmed the Debtor's Chapter 13 Plan over the objection of her ex-spouse. The fact that the Plan would result in the elimination of a $57,620 divorce-related debt did not by itself show lack of good faith.
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 Salley (Case No. 13-81532) 06/04/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
The Debtors originally filed a Chapter 13 case and their plan was confirmed. The Debtors then converted their case to a Chapter 7. Following the filing of the Bankruptcy Administrator's motion to deny the male Debtor a discharge pursuant to Bankruptcy Code section 727(a)(8), the Debtors filed a motion to reconvert their case back to Chapter 13. It is within the Court's discretion to allow or disallow a reconversion of a case from chapter 7 back to Chapter 13. However, in this case, the Debtors failed to demonstrate any facts which would persuade the Court to exercise its discretion to allow reconversion of their case.
Conversion, Published No
In re Carolina Pediatric Eye Properties, LLC (Case No. 15-50036) 03/26/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)
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
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