Eastern District

Summary:

After filing Ch.  11,  during which case Bank of America filed a Proof of Claim asserting that it was secured by a Deed of Trust owned by Mr.  McGowan and occupied by his then minor daughter, McGowan converted to Ch. 7, received a discharge and the real property was abandoned.

Summary:

Ms.  Broughton,  a persistent and likely pernicious debtor and appellant,  filed a Chapter 13 bankruptcy proposing to sell for the benefit of her secured creditors the real property she claimed to own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.”  When this plan was rejected, her case was converted to Chapter 7.  The Trustee subsequently obtained an order to sell the property free and clear of liens, but by then Ms.  Broughton opposed such sale, arguing that her sole interest

Summary:

Ms.  Broughton,  a persistent and likely pernicious debtor and appellant,  filed a Chapter 13 bankruptcy proposing to sell for the benefit of her secured creditors the real property she claimed to own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.”  When this plan was rejected, her case was converted to Chapter 7.  The Trustee subsequently obtained an order to sell the property free and clear of liens, but by then Ms.  Broughton opposed such sale, bringing an unsuccessful appea

Summary:

Summary: After direct appeal to the 4th Circuit was declined, the district court affirmed the opinion of the bankruptcy court in Hurlburt that the anti-deficiency statute of N.C.G.S. § 45-21.28 does not allow debtors to circumvent the anti-modification provisions of 11 U.S.C. § 1322(b)(2) and (c)(2), with Witt v. United Companies Lending Corp. (In Re Witt), 113 F.3d 508 (4th Cir.

Summary: Between March 7, 2017, and November 28, 2017, Mr. Stockwell filed first a Chapter 13 and then three Chapter 7 cases, with the fourth case being filed while the third was still pending. (The dismissal of the third case had been set aside as it had been automatically dismissed due to the failure to file documents under 11 U.S.C. § 521(I) while the Bankruptcy Administrator’s motion to dismiss with prejudice.) Mr. Stockwell’s cases were filed with the apparent intent of holding off a foreclosure by Ocwen, as it was the only creditor listed in any of his cases.

Summary: In a Chapter 11 case, Summitbridge held a secured (but under secured) claim, which was satisfied, pursuant to the confirmation order, by tender of the collateral. Summitbridge then filed an additional unsecured, nonpriority claim for it attorneys fees, pursuant to its promissory note, in the amount of 15% of the outstanding indebtness, totaling more than $300,000.

Summary: Ms. Redding’s Chapter 11 plan was confirmed providing that she was to have six months in which to market and sell her principal residence and was required to make adequate protection payments on the mortgage claim of $1,000.00 per month during that time. After failing to do either, Ms.