Summary:
Melba Johnson granted a Power of Attorney to her daughter, Janet Johnson, which included both authority to obtain credit and to file bankruptcy. After obtaining and using credit cards in Melba Johnson’s name, allegedly without Melba’s knowledge, Janet (with the assistance of Melba’s other daughter Tammy) filed a Chapter 7 bankruptcy on behalf of Melba. Subsequently, Melba discovered the bankruptcy and, expressing that she knew about, needed nor wanted the bankruptcy, requested that the case be dismissed.
Summary:
Ferguson Enterprises and People’s United Equipment Finance Corp. (formerly Financial Federal Credit Inc.) filed a joint motion to reopen the Debtor’s Chapter 11 case, seeking clarification and enforcement of a settlement agreement. In response, Blue Ridge Site Development asserted that the accounting in that settlement agreement was erroneous and Ferguson and People’s had been overpaid in the amount of $28,287.90.
Summary:
The Debtor excluded $3,913.02 as a marital adjustment to the means test, providing only the phrase “Husband’s Expenses” as the basis for the deduction and failing to include any amounts on Schedule I.
Summary:
Chapter 7 Debtors had primarily non-consumer debt and the Bankruptcy Administrator sought dismissal under 11 U.S.C. § 707(a), which states that a court may dismiss a chapter 7 case "after notice and a hearing only for cause," without expressly defining "cause." However, "cause for dismissal under § 707(a) has been held to include a lack of good faith in filing the petition." In re Marino, 388 B.R. 679, 682 (Bankr. E.D.N.C. 2008).
Summary:
AccuGenomics, Inc.’s (“AccuGenomics”) sought a determination pursuant to 11 U.S.C. § 365(p)(1)of whether certain patent rights under the license agreement between the debtor and the University of Rochester (“Rochester”) were considered property of the estate.
Summary:
The Debtors paid their attorney $10,000 prior to filing Chapter 11 for pre-petition services, with nothing owed to the attorneys at the time of filing. In order to secure fees for services rendered during the pendency of the case, the Debtors granted their attorneys two future advance deeds of trust on tracts of land owned by the Debtors. The Bankruptcy Administrator objected to the application to employ the attorneys, asserting that the attorneys were not disinterested persons as defined in § 101(14) and as required by § 327(a).
Summary:
The Male Debtor, the owner of IPS Construction, personally guaranteed a loan to M.G. Brown, a division of Foreman’s Inc. After IPS failed to pay its debt, M.G. Brown commenced a small claims lawsuit in 2010. After the magistrate entered a judgment in favor of M.G. Brown on January 12, 2011, the Male Debtor appealed and the matter was referred to arbitration. Neither Debtor attended the arbitration and subsequently, on June 1, 2011, the Debtors filed Chapter 13 bankruptcy, listing as a creditor, among others, M.G. Brown. On June 30, 2011, M.G.
Summary:
World Omni repossessed the Debtors’ vehicle and on August 30, 2010, received notice of its intent to sell the vehicle at private sale on or after September 9, 2010. The letter also informed the Debtors of their right to regain the vehicle by payment of the outstanding loan balance before September 9, 2010. The vehicle was sold on September 16, 2010, and, after the Debtors filed bankruptcy nearly a year later, World Omni filed a Proof of Claim for the deficiency.
Summary:
The Debtor granted Woodlands Bank a $1.44 million mortgage. Woodlands Bank was purchased by the FDIC and sold to Bank of the Ozarks, subject to a guarantee that the FDIC would compensate the Bank of the Ozarks for up to 80% of any losses on loans. Subsequently, the Debtor filed Chapter 11. The Bank of the Ozarks filed a Proof of Claim in the amount of $1,488,324.07, but then sent the Debtor two letters stating that the mortgage balance was $1.16 million.
