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: 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: The Debtor purchased two gas stations, against which Petromax held Deeds of Trust, including against fixtures, in the amount of more than $2.4 million. Upon filing Chapter 11, the Debtor valued the gas stations at $1.3 million. The Debtor’s second proposed plan had eight classes of claims, but Class 7, which consisted of only $5,760.52 in unsecured claims, was the sole impaired class in favor of the plan, with the City of Greenville, holding a claim for $915.42, being the lone claimant to vote.

Summary: The Debtors were delinquent on their Chapter 13 plan payments, which included disbursements to Green Tree for a mobile home and land. Accordingly, on February 5, 2014, Green Treee filed a Motion for Relief from Stay. On February 1, 2014, however, Green Tree sent to the Debtors directly a letter offering to provide assistance with delinquent payments.

Summary: In an involuntary Chapter 7 case filed against a land developer, the Trustee sought turnover of rents generated by real property owned with the Debtor’s spouse as tenants by the entireties. The Debtor argued that, while earlier case law held that it was “settled that accruing rents and profits are attributable entirely to the husband and subject to the claims of his creditors”, Stubbs v.

Summary: The Trustee alleged fraudulent conveyances by the Debtor to his non-filing spouse and sought to recover the transfers. In her answer, Ms. Houseman asserted, and the Trustee disputed, her 7th Amendment right to a jury trial. Her answer did not explicitly raise any counterclaims, but did assert a right of “setoff” or “credit” for funds she contributed, as well as asserting both that the transfers were made in good faith and for value under N.C.G.S.

Summary: The District Court held that while there is a clear “federal policy favoring arbitration”, Moses H Cone Mem'l Hasp. v. Mercury Canst. Corp., 460 U.S. 1, 24-25 (1983), “[t]he tension that exists between the policy favoring enforceability of agreements to arbitrate and the paramount interest of the bankruptcy courts in resolving bankruptcy matters is well recognized, see e.g. In re National Gypsum, 118 F.3d 1056, 1065-1070 (5th Cir. 1997).

Summary: McGinnis brought suit in state court against Fantone for two notes that Fantone had guaranteed with MSC. Following court ordered mediation, the parties agreed that Fantone would execute a modification of loan agreement for $200,000.00 with interest at six percent (6%) per year, would substitute himself as the obligor debts owed by executed by MSC, and would sign a Confession of Judgment for $200,000. Less than three weeks later, Pantone filed a voluntary Chapter 13 bankruptcy.

Summary: Prior to her bankruptcy, Ms. Mitchell and the defendant, Mr. Keesee, were involved in divorce litigation in the District Court for New Hanover County, North Carolina, wherein they agreed to an equitable distribution of their property which provided that Ms. Mitchell transfered her interest in specific property to Mr. Keesee, who agreed to pay Ms. Mitchell $750,000 from any future sale of that property. Following filing her Chapter 11 bankruptcy, Ms. Mitchell brought an adversary proceeding against Mr.

Summary: Prior to the Stephenson’s bankruptcy filing, Camp Flintlock filed an action in state court against asserting claims of fraud, constructive fraud, conversion, and unfair trade practices. The bankruptcy court granted a motion for relief from stay to allow entry of a judgment reflecting the previously rendered jury verdict, but reserved the enforcement of any monetary judgment.