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E.D.N.C.: In re Broughton- Order to Vacate Property

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By Ed Boltz, 5 February, 2019

Summary:

Ms.  Broughton,  a persistent and likely pernicious debtor and appellant,  filed a Chapter 13 bankruptcy proposing to sell for the benefit of her secured creditors the real property she claimed to own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.”  When this plan was rejected, her case was converted to Chapter 7.  The Trustee subsequently obtained an order to sell the property free and clear of liens, but by then Ms.  Broughton opposed such sale, bringing an unsuccessful appeal to the 4th Circuit Court of Appeals.

Subsequently, Ms.  Broughton continued to maintain that she believed the Trustee had no authority to sell the real property,  including contacting multiple real estate brokers to, in effect,  scare them away from marketing the property.  The Trustee brought a Motion to require Ms.  Broughton to vacate the real property, to which she asserted that the sale was impermissible as it was obtained by fraud by the Trustee.  Ultimately at a hearing, Ms.  Broughton stated that she would not vacate the real property unless the Court had “the Marshal drag me out of the house.”

Accordingly, the district court ordered that Ms.  Broughton had sixty (60) days to vacate the property.

Commentary: 

Subsequently, Ms.  Broughton did not vacate the premises and the District Court ordered the U.S. Marshals to, in effect, drag her out of the house. 

She has, unsurprisingly, again appealed the 4th Circuit, with that appeal being rejected one day later.

For a copy of the opinion, please see:

Broughton- Order to Vacate PropertyDownload

For a copy of the Order to the U.S. Marshals to Seize Property, please see:

Broughton- Order to MarshalsDownload

Please see the companion opinion relating to the validity of the Trust, entered the same day here:

Broughton- Modification of Trust by Bankruptcy TrusteeDownload

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Eastern District
North Carolina District Court Cases

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