Summary: Dark brought an adversary proceeding seeking to have the debt of Thomas declared nondischargable pursuant to 11 U.S.C. § 523(a)(2).  Thomas moved to dismiss pursuant to Rule 12(b)(6), arguing that "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim for relief that is plausible on its face.'" Ashcroft v. Iqbal,  129 S.Ct. 1937, 1949,  (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

Summary:

Prior to the Debtor’s discharge, the Tortoretes  were granted two extensions of time for the purpose of reviewing documents provided in connection with the Rule 2004 Examination of Cornerstone and to consider filing a complaint objecting to discharge.   When no objection was filed, the Debtor was granted a discharge.  Nearly one year later, the Tortoretes sought to reopen the Debtor’s case to o

Summary: Jacobsen Construction entered into a contract with Kiddco to perform subcontract work on a project at Wake Technical Community College.  On May 7, 2004, Kiddco submitted an invoice to Jacobsen for $90,625.27 for grading work at the site and on June 2, 2004, submitted a second invoice for another $102,366.70.   On June 10, 2004, Jacobsen paid Kiddco $35,000 and then on June 29, 2004, Jacobsen paid another $55,625.27.   On September 24, 2004, Jacobsen filed Chapter 7, and the Trustee ultimately sought to avoid all of the payments to Kiddco as p

Summary: Doral agreed in an Interim Servicing Agreement ("ISA") to take over servicing of Federal Home Loan Mortgage Corporation ("Freddie Mac") mortgages previously serviced by R&G Mortgage Corp.  (R&G).  R&G, however, successfully block this assignment.  Even though it never actually serviced these mortgages and incurred actual costs of only $124,588.00,  Doral then sought 24-months of servicing fees as compensation, as required under the ISA.  Freddie Mac argued that Doral was not entitled to such fees, as Freddie Mac had never determin

Summary: Epps purchased a vehicle from Thompson Toyota subject to a retail sales installment contract ("RIC")  that provided, among other things, that it was subject to federal and Maryland law, including the Maryland Closed End Credit Provisions ("CLEC").  The note was later assigned to Chase.  When Epps later defaulted, Chase repossessed the vehicle and notified Epps of its intent to sell the vehicle.  Contrary to the provisions of CLEC, however, Chase did not notify Epps of the current location of the vehicle or where and when it was to be sold.  E

Summary: While working as a bookkeeper for Teague & Glover, P.A., (T&G) Ms.  Gibbs embezzled substantial amounts.  In addition to criminal prosecution and imprisonment, in 2010, T&G obtained a civil judgment against Mr.  and Mrs.  Gibbs for $800,000.  T&G subsequently agreed to accept all of the Gibbses real and personal property in exchange for a reduction in the amount of the judgment. The property at issue in the present dispute consists of Tract A (0.6 acres) and Tract B (0.7 acres and the Gibbses primary residence).  In 1999

Summary: Songwooyarn Trading Company (STC) obtained a judgment against Defendant Ahn, among others.  Ahn filed a Motion to Claim Exempt Property, to which STC objected, specifically contending that Ahn had failed to list all non-exempt property, had undervalued property, and attempted to exempt property beyond that allowed by North Carolina law.  The trial court held that Ahn had failed to comply with the statutory requirements for claiming exempt property, but allowed Ahn the opportunity to refile his claimed exemptions.  STC again objected and subpoenaed docu

Summary: TD Bank filed suit against Mirabella (rather than foreclosing) for amounts owed on a promissory note, originally entered into by Mirabella and Carolina First Bank (CFB).  TD Bank contended that, following its merger with CFB, it stood in the place of CFB.  No evidence, however, was presented at trial of the merger, instead TD Bank argued that the court should take judicial notice of the merger. The Court of Appeals rejected this argument, finding that judicial notice is appropriate for "facts generally known with the territorial jurisdiction."  While

Summary: The Youngbloods are guarantors of several loans between Youngblood Construction and BB&T.  Following the filing of the Chapter 11, Youngblood Construction brought a Motion to Extend Stay for the Youngbloods individually. The Bankruptcy Court recognized that in "unusual circumstances" the Debtor and a third party may share such common identity that judgment against one may "in effect be a judgment or finding against the debtor." Kreisler v. Goldberg, 478 F.3d 209, 213 (4th Cir. 2007) (citing A.H.

Summary: Relying on In re Beaudet, 455 B.R. 671, 673 (Bankr. M.D. Tenn. 2011), the bankruptcy court held that while Ocwen was entitled to include future escrow amounts in the on-going monthly payment, the pre-petition escrow shortage should instead be included in the arrearage claim.