Summary: The former officers of EBW Laser, Inc., which has been the subject of a fair bit of litigation in its bankruptcy in the Middle District of North Carolina, brought a complaint against the Chapter 7 Trustee’s law firm and several individual attorneys at the law firm, as well as the accountant for EBW Laser, as they allegedly improperly obtained the officers’ tax return in an attempt to show preferential transfers and/or fraudulent conveyances.  The case was originally brought in state court, but then removed by the Defendants to federal district court, where, foll

Summary and Commentary: Starting by painting a vivid tableau of a §341 Meeting of Creditors, its atmosphere is aptly compared with the anxiety of an emergency room.  The metaphor  gets pushed too far,  with the Trustee being likened to a doctor diagnosing people "with a financial emergency- bankruptcy."  This would be a fully congruent comparison only if, and I hesitate to extend this metaphor, because most Trustees are truly good and caring people, who keep a debtor’s interest in mind, if not at heart, a medical doctor was charged by his Hippocratic Oath

Description: About 1.5 million households filed bankruptcy in the last year, making bankruptcy as common as college graduation and divorce.

Abstract: When enacted in 1978, the Bankruptcy Code was heralded as a consumer protection victory. It gave families in financial trouble a complex array of legal options, including the ability to repay their debts over a number of years in chapter 13 bankruptcy. That new option was lauded by experts and became popular across the nation.

Summary: Creditor filed its Proof of Claim six(6) days after the bar date.  Following the objection to the Claim by the Chapter 7 Trustee, the Creditor argued that the claim should be allowed due to excusable neglect.  The bankruptcy court held that under Rule 9006(b)(3),  it had no authority to extend the time to file claims. For a copy of the opinion,  please see: Meredith- No extension of time to file

Summary: After filing Chapter 7 and attendance at the §341 Meeting of Creditors, the Female Debtor passed away.  The bankruptcy court held that pursuant to Bankruptcy Rule 1016, death of the Debtor was not an impediment to either the administration of a Chapter 7 estate or basis for denial of discharge. For a copy of the opinion, please see: Stewart- Chapter 7 Discharge allowed for Dead Debtor.PDF

Summary: The Female Debtor received a bonus for 2010 in March 2011 ad filed Chapter 7 in June 2011.  She claimed an exemption in an annual bonus under N.C.G.S.

Summary: The Debtor’s house was sold at a foreclosure auction for $100,000, with Blue Ridge, the mortgage holder, the highest bidder.  Blue Ridge then sold the house at a private sale five months later for $110,000.  Blue Ridge subsequently sued the Debtors for the outstanding balance on the note, roughly $30,000.  The Debtors argued that Blue Ridge violated N.C.G.S.

Summary: The Goldens loaned their then friends, the Malones, $14,700.00.  The Goldens then filed bankruptcy, failing to disclose the existence of this loan as, either as an asset or otherwise.  While his own bankruptcy was still pending, Mr.  Golden commence collection attempts on this loan,  with the parties relationship souring dramatically, with allegations of "scandalous behavior" being traded between Mr.  Golden and Mr.  Malone, including alcohol and drug use, trips to "adult entertainment establishments", etc..  Eventually the Malones

Summary: Prior to the filing by Circuit City of a Chapter 11  bankruptcy, Gentry commenced a class action lawsuit against Circuit City, but the class certification was pending at the time the bankruptcy was commenced.  (Three other Named Claimants/Appellants were similarly situated with undecided class certifications.)  The Named Claimants then filed Proof of Claim on behalf of themselves and  "all those similarly situated."  Circuit City and the Trustee objected to these claims on the basis that the Named Claimants had failed to seek authorization fr