Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. E.D.N.C.: In re TP, Inc.- Modification of Consent Order Terminating the Automatic Stay

Profile picture for user Ed Boltz
By Ed Boltz, 19 June, 2012
Summary: The Court had previously entered a Consent Order that allowed Bank of America to proceed with foreclosure against some of the property of the estate and also appointed a Chapter 11 Trustee. TP subsequently filed a Motion to Set Aside or Modify the Consent Order allowing foreclosure. Shortly after his appointment, the Trustee also sought to amend the Consent Order on the basis that an adversary proceeding initiated by TP against BOA had merit and would be pursued by him; that if BOA were permitted to foreclose on property of the estate, it would be unjustly enriched and profit from illegal conduct; and that a discrepancy in platting for a certain property subject to the Consent Order would, if not resolved prior to sale, cause the property to be sold at a deflated price. The Bankruptcy Court agreed with the Trustee that, in light of the alleged illegal acts by BOA, the circumstances that prompted the lifting of the stay had vastly changed and, if BOA were to sought termination of the stay following such allegations, such a motion would have been denied. Further, the modification of the Consent Order sought by the Trustee, viz. to allow him to liquidate the assets “in such a way that the value of the debtor’s estate is maximized” was ultimately in the best interest of BOA also. For a copy of the opinion, please see: TP, Inc.- Modification of Consent Order Terminating the Automatic Stay.pdf

Blog comments

Blog tags
automatic stay
Category
North Carolina Bankruptcy Cases
Eastern District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz