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

Summary: Providence Dane sued Boosahda in state court for $22,000.00 on a credit card debt assigned to Providence Dane from Chase and First USA.  Boosahda counterclaimed for violations of TILA.  After testifying at trial that he did not have any recollection of using or having a Chase or Fist USA credit card, Providence Dane attempted to have a paralegal testify that Providence Dane had obtained  credit card statements showing Boosahda was liable for this debt, but such testimony was excluded as hearsay and the complaint of Providence Dane was dismissed. 

Summary: Smithville Crossings’ Chapter 11 plan was confirmed wherein the Richardsons, the Debtor’s sole equity owners, agreed to grant a lien to creditor Rialto of unencumbered real estate, if the Richardsons were able to retain their ownership in Smithville Crossings.  The plan provided that the Richardsons would pay $10,000 to purchase that ownership interest and invited competing bids.  The highest bidder, however,   was neither the Richardsons nor Rialto, but a subsidiary of Rialto. The bankruptcy court held that such an equity auction following confi

Summary: After Wells Fargo commenced foreclosure, the Debtor filed an action against Wells Fargo first in North Carolina Superior Court, which was then removed to the Middle District Court.  (This series of events actually occurred twice.)  When the Debtor eventually filed bankruptcy in the Eastern District, venue in her case against Wells Fargo was transferred. Following a Motion to dismiss the Debtor’s complaint, the Debtor sought to voluntarily dismiss her Chapter 13 case, requesting that the Complaint against Wells Fargo then be remanded to either the Eastern D