Summary: Nina Owens purchased an automobile from Dixie Motors in 2007, providing information including her home address, date of birth, social security number, phone number, insurance agent, insurance company, employment information, monthly mortgage payment. Ashley Owens, the daughter of Nina Owens, considered purchasing a vehicle from Dixie Motors in 2011, supplying similar credit information and personal identifiers.

Summary: Patricia Pfister and her husband, Phillip Pfister purchased real property on May 10, 2001. Originally, this property was to be purchased by Architectural Glass Construction, Inc. ("AGC"), a corporation wholly owned by Mr. Pfister, but, on the advice of accountants, instead at the closing it was instead purchased and financed by the Pfisters, with the intention of leasing the property to AGC. In practice, however, AGC never paid the Pfisters, but paid the mortgage directly. In 2002, the mortgage was refinanced, with AGC now actually liable for the mortgage note.

Summary: In 2006, Devane executed a promissory note and Deed of Trust in favor of Aurora. Aurora subsequently, erroneously asserted that Devane violated the repayment terms of the note on six occassions. In September 2010, an agent of Aurora informed Devane that it had misapplied payments made by Devane to another account. At that time, Devane was place on a new payment plan, but her original payments were still not applied.

Summary: Abdelbary was convicted of wire fraud, money laundering, currency structuring, bankruptcy fraud, and perjury and was sentence to 24 months in prison, entered a criminal forfeiture judgment against Abdelbary for $112,229.31 and also ordered Abdelbary to pay restitution to Jordan Oil of $84,079.35 for attorney’s fees incurred during the bankruptcy proceeding.

Summary: Church, who is married to the debtor, Nabors, ex-wife, owns Private Ridge Wealth Management, LLC (“PRWM”). Nabors filed a complaint with the Better Business Bureau, making allegations against PRWM, which Church alleged cost PRWM $6,000 in revenue. Church then in his individual capacity, brought suit against Nabors for making a false claim and obtained a default judgment holding that Nabors had caused malicious injury to PRWM.

Summary: This is an excellent primer from the Center for Responsible Lending for understanding debt buyer industry, as well as a overview of various federal and state laws and regulations and policy recommendations. Commentary: North Carolina is appropriately given pride of place for being the first state to enact the novel requirement that debt buyers to actually prove the debts using admissible evidence. See N.C.G.S. § 5870-150 et.

Summary: Black’s Chapter 13 plan provided for the mortgage to Chase to be paid as a conduit, through the Trustee. The Motion for Confirmation filed by the Trustee, however, inadvertently provided for direct payment of the mortgage by Black, without reduction of the plan payment. This disconnect lead to the completion of the Chapter 13 plan on November 29, 2012, only four months after confirmation.

Summary: Prior to the §341 Meeting of Creditors, the trustee was provided with an incomplete 2011 tax return, but, after insisting at the meeting, was given a complete return. This complete return disclosed that Belk was the owner of Independence Entertainment, L.L.C., an entity with annual revenues of more than $200,000, but which was not listed in Belk’s petition. The Trustee then discovered that Independence Entertainment had been administratively dissolved only three months before the filing of the bankruptcy and had transferred business assets to a third party.

Summary: Carolina Internet had an oral agreement to pay O’Dell 6.5% of its sales from its largest customer, believing that O’Dell could take that account away. When Carolina Internet filed Chapter 11, however, it did not list O’Dell as a creditor. That failure notwithstanding, O’Dell was aware of the bankruptcy, both as it was being planned and after it was filed.

Summary: The first §341 Meeting of Creditors was conducted on May 14, 2012, but not concluded. The Trustee and Bankruptcy Administrator were granted an extension of time to file an objection to Jenkins' discharge until "sixty (60) days after the meeting of creditors pursuant to 11 U.S.C. § 341 has been adjourned." After finding Jenkins in contempt for failing to respond to email requests to set a new date, a second creditors meeting was eventually held on July 19, 2012, but was not concluded, only adjourned, without objection.