Summary: The Male Debtor, who was the sole provider for the family, secured new employment in Colorado, and soon thereafter, the debtors and their children relocated accordingly. Subsequently, the Debtors sought a hardship discharge under 11 U.S.C.

Summary: The Debtor died during her Chapter 13 case, still owing more that $165,000 in nondischargeable taxes to the IRS. Following the severance of her co-debtor/husband’s case, the Debtor’s attorney then filed a Motion for a Hardship Discharge pursuant to 11 U.S.C. § 1328(b). While stating that the death of a debtor can constitute a circumstance precluding completion of plan payments for which a debtor should not be held accountable. See In re Bond, 36 B.R. 49 (Bankr. E.D.N.C.

Summary: In 2007, the Female Debtor created two “payable on death” accounts on behalf of her children. In 2008, the Debtor opened two Certificates of Deposit, initially listing her husband as the beneficiary. In 2011, needing funds for home renovations, the Debtor contacted the bank and was advised to withdraw the funds from the 2007 “payable on death” trust accounts. After doing this, the Debtor then changed the beneficiaries of the Certificates of Deposit to be her children, but did not have those CDs converted into “payable on death” trust accounts.

Summary: Pursuant to 11 U.S.C. § 1129(e), in a small business case, a plan shall be confirmed not later than forty-five days after it is filed, unless the time for confirmation is extended. In a Chapter 11 case, a disclosure statement complying with 11 U.S.C. § 1125 shall be filed with the plan.

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).