In implementing the Chapter 7 means test, a debtor may not deduct secured debt payments on collateral the debtor does not intend to retain.
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 O'Neal (Case No. 14-10603) 06/19/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
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.
Automatic Stay, Published No
In re Smith (Case No. 13-81362) 06/03/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Court disallowed contingent claim.
Claims, Published No
In re Paterno (Case No. 14-80278) 05/30/2014
(Judge: Lena M. James)
(Judge: 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.
Conversion, Published Yes
Rutledge v. Wells Fargo Bank, N.A. (Case No. 12-51625; Adv. Pro. No. 13-06037) 05/16/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
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.
UCC & Non-Bankruptcy Law Issues, Published Yes
In re Truesdale (Case No. 13-10941) 05/06/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Trustee's motion to sell free and clear of liens under section 363(f) granted.
363(f) Sales, Published No
In re Freeway Foods of Greensboro, Inc.(Case No. 10-11282) (AP No. 10-02057) 04/24/2014
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Because Defendant reasonably believed that its attorney was a properly-licensed attorney and that its communications with him were privileged, the attorney-client relation existed at the time of the communications at issue. All the elements of the attorney-client privilege were present with respect to the communications and Defendant was within its rights in refusing to respond to Plaintiff’s inquiries about them.
Discovery, Published No
In re Jarrett (Case No. 12-11453) 04/08/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Trustee's motion to except asset from abandonment upon closing of case denied.
Abandonment, Published No
In re Norman (Case No. 14-80039) 04/01/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Court disapproved of reaffirmation agreement, as Debtors failed to rebut presumption of undue hardship under 11 U.S.C. § 524(m)
Reaffirmation, Published No
In re Greco (Case No. 12-51497) 03/21/2014
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Debtors filed an objection to Creditor's deficiency claim pursuant to N.C. Gen. Stat. § 45-21.36, contending that Creditor's bid at the foreclosure sale of the property at issue had been substantially less than the property's true value. The Court overruled the objection, finding by the greater weight of the evidence that the bid had not been substantially less than the property's true value. The Court noted that its decision was consistent with North Carolina precedent, under which a guideline has been established that “a bid that was twenty percent less than the appraised value of the property was ‘substantially less’ than the property's true value.”
Claims, Published No
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