Summary: Mr. Talford received medical treatment at the Charlotte-Mecklenburg Hospital (“CMH”), but was unable to pay the asserted $14,419.57 bill.

Summary: Trustee sought leave to amend a Complaint, which originally alleged fraudulent conveyances under 11 U.S.C. §§ 544 and 548 and N.C.G.S. § 39.23.4 and unjust enrichment, to add a claim for preferential transfers under 11 U.S.C. § 547. The Defendants, having already answered the Complaint, objected. Leave to amend should be denied, therefore, “only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would  be futile.” Edwards v.

Summary: The Debtor filed Chapter 7 and was the subject of a random audit. The audit determined that the Debtor had understated her Current Monthly Income by $4,572. In response, the Debtor filed multiple amendments variously showing net monthly income of $589.92 (original), $4,272.71 (first amendment), $2,446.71 (second amendment), or -$179.29 (third amendment). The Bankruptcy Administrator moved to dismiss based on the schedules being a “moving target”.

Summary: The Debtor filed his 3rd bankruptcy within 12 -months four days after the upset period in the foreclosure had expired.

Summary: Medical Creditor obtained a judgment against the Debtor and Non-Filing Spouse, with such lien attaching to the property that the Debtor and the Non-filing Spouse own as Tenants by the Entireties. After filing Chapter 7, the Debtor sought to avoid, pursuant to 11 U.S.C.

Summary: Following foreclosure and bankruptcy, the Debtors raised claims against Bayview under the West Virginia Consumer Credit and Protection Act. The statute of limitations provides that: With respect to violations arising from other consumer credit sales or consumer loans, no action pursuant to this subsection may be brought more than one year after the due date of the last scheduled payment of the agreement. W. Va.

Summary: In two opinions,  In re Harrelson Utilities, Inc. , No. 09-0281S-8-ATS (E.D.N.C. Bankr. July 3D, 2009) and  In re Mammoth Grading, Inc., No. 0901286-8-ATS (E.D.N.C. Bankr. Aug. 24, 2009),  bankruptcy court  held that a subcontractor's lien rights did not constitute "an interest in property" under the  exception in 11 U.S.C.

Summary: The Debtor excluded from her CMI her non-filing husband's monthly payments of $166.00 for his student loans and $1,628.00 related to  their former residence, including renovation costs..  This resulted in a negative disposable monthly income.  The Bankruptcy Administrator argued that since the non-filing spouse was spending money on expenses and renovations of joint property, such payments were benefitting the Debtor and should be included in CMI. First the Bankruptcy Court and then, on appeal, the District Court agreed with the Debtor, finding that

Summary: FIA Cards sued the Debtor seeking recovery of $46,311.81 outstanding on a credit card.  The trial court granted summary judgment to FIA Cards and the Debtor appealed arguing that FIA Cards had failed to prove the existence of an account. The Court of Appeals agreed finding that FIA Cards has only provided three credit card statements from the months surrounding the default.  Further, there was no evidence in the record on appeal that even these statements were verified.  As such, FIA Cards had failed to comply with the requirements of N.C.G.S.

Summary: The individual Chapter 11 plan proposed to pay approximately a 4% dividend to general unsecured claims, but separately classified his $235,871.00 in student loans, proposing to pay that class in full.  No impaired class accepted the plan. Accordingly, the plan could only be approved by fulfilling the requirements of 11 U.S.C.