Opinion granting motion for summary judgment, applying equitable tolling to the two year look-back period of 11 U.S.C. § 523(a)(1)(B)(ii).
Opinions:
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Ollie-Barnes v. Internal Revenue Service (Case No. 09-82198, Ap No. 14-09004) 11/06/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Tax, Published No
In re Page (Case No. 13-51224) 10/07/2014
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court dismissed Debtors' case because Debtors did not file their Chapter 13 petition in good faith pursuant to 11 U.S.C. § 1307(c).
Dismissal, Published Yes
Thomas v. Causey (Case No. 13-10833, Ap No. 13-02071) 10/01/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
State court judgment non-dischargeable under 11 U.S.C. § 523(a)(4)
Discharge/Dischargeability, Published Yes
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 Dean (Case No. 13-11577) 09/26/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Order denying motion to vacate order disallowing claim for improper service.
Service, Published No
In re Worley (Case No. 13-50180) (AP No. 13-06081) 09/18/2014
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Debtor denied discharge for undervaluing assets on his petition schedules.
Discharge/Dischargeability, 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 ES2 Sports & Leisure, LLC (Case No. 14-10412) 09/11/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Equipment lease was disguised security agreement. Motion for allowance of administrative expense claim denied.
Administrative Expenses, Published Yes
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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