Based on Debtor's failure to make direct monthly payments to Mortgagee, Mortgagee brought a motion to dismiss. Trustee objected and sought denial of the motion, arguing that Mortgagee instead should have filed a motion for relief from stay. Trustee further contended that Mortgagee filed the motion to dismiss in order to avoid having to pay the filing fee for a motion for relief from stay. Meanwhile, Trustee filed a motion in which she sought to include the mortgage payments in the plan. The Court found that Mortgagee properly had filed the motion to dismiss, because Debtor's failure to pay Mortgagee constituted material default by Debtor with respect to a term of the confirmed plan--cause for dismissal under 11 U.S.C. 1307. Accordingly, the Court also found that attorney for Mortgagee was entitled to attorney's fees for bringing the motion to dismiss.

The Court denied confirmation of the debtor's proposed plan on the grounds that a lienholder's rights may not be modified with respect to a non-debtor's interest in a property held in tenancy by the entirety.

The Court granted defendant's motion to dismiss, finding that plaintiff's claim that defendant failed to substantially comply with N.C. Gen. Stat. § 161-22(h) was not facially plausible.  

Court granted defendant's motion for summary judgment on plaintiff's claims for fraud, slander, and unfair and deceptive trade practices. Moreover, court held the plaintiff was judicially estopped from bringing the action.