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By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: BellSouth v. Halo Wireless- Removal and Remand of Matters from Regulatory Agency

Summary: Halo entered into interconnection agreements (together referred to as the “ICA”) with BellSouth for the transmission of Halo’s wireless data over AT&T networks. A dispute arose between BellSouth and Halo regarding the ICA, with Halo first filing a complaint against BellSouth (among others) in federal District Court in the Eastern District of Texas seeking to limit BellSouth (and others) from having the ICA dispute in any other forum than the FCC.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: Bircher v. Dudley- Denial of Discharge under 11 U.S.C. § 727(a)(4)(A) for failure to disclose assets

Summary: The Trustee sought a denial of discharge, claiming the Debtor, with the intent to hinder, delay, or defraud, concealed property of the estate and knowingly and fraudulently, in connection with a case, made a false oath. At the §341 Meeting, in response to questions from the attorney for the his estranged spouse, the Debtor admitted that he owned a $2,000 horse trailer and a grease gun, wrenches, a pressure washer, a generator, an air compressor, and a tool chest filled with tools, worth approximately $800.00.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: Crampton v. Kohler- Conversion of Non-exempt funds into an Exempt IRA was not a Fraudulent Conveyance

Summary: After consulting with a bankruptcy attorney, the Debtors sold personal property at auction, receiving $14,000 in proceeds. Two days before filing Chapter 7, the Debtors used $12,000 to fund IRAs and the remainder for insurance and vehicle repairs. The Trustee sought to avoid the contributions to the IRAs as fraudulent conveyances. Following, Ford v. Poston, 773 F.2d 52, 54 (4th Cir.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: In re Stephenson- Relief from Stay for Trial Court to Enter Final Judgment

Summary: Camp Flintlock, Inc.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: In re Newkirk- Adequate Information Necessary for Confirmation of Chapter 11 Plan

Summary: The Debtors own and operate a feed mill. Following initiation of foreclosure proceedings against 442.92 acres of land (which had been in the Debtors’ family for centuries!), the Debtors filed Chapter 11.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: Automotive Finance v. Ward.- Sale of Property without Consent of Lienholder

Summary: Automotive Fiannce provided Ward’s car dealership with floor plan financing, which permitted the dealership to borrow funds to purchase cars for sale. The Automotive Finance would then hold a lien on such car, until the car, was sold and the dealership was required that it pay off the lien within 72 hours. Ward individually guarantied the obligations of the dealership under the floor plan agreement. At the time of filing the bankruptcy, the dealership had sold 4 car without paying of the liens.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: Sparkman v. Johnson Concrete Company (In re Mainline Contracting, Inc.)- Indirect Transfer Theory as New Value Defense to Preference

Summary: Trustee brought a preference action against Johnson Concrete Company (“JCC”) , a subcontractor of the Debtor on several construction projects. JCC argued that the “indirect transfer” theory of the “new value” defense to preferences in § 547(c)(1), as it would have filed a claim against the payment bonds in place for the projects. Starting from Angell v. Pennington, Inc. (In re Partitions Plus of Wilmington, Inc.), No. 06-00148-8-JRL (Bankr. E.D.N.C. Mar.
By Ed Boltz, 19 July, 2012

Bankr. E.D.N.C.: Etheridge Oil Co. V. Brown, et al.- Discharge Action Moot following Dismissal; Termination of Bank Draft as Breach of Contract; Liability of Corporate Officeres

Summary: A tangle of multiple cases- Thomas Brown, Michael Barns , W. Watson Barns and David Woodard were directors of Brown Oil. Brown filed Chapter 11 on August 3, 2007, but that case was dismissed on November 30, 2011. An involuntary Chapter 7 was filed for Brown Oil on October 19, 2010. Michael Barnes filed Chapter 13 on July 19, 2011. Etheridge Oil brought an adversary proceeding against Brown seeking to have his debt declared nondischargable pursuant to 11 U.S.C. § 523(a)(2) and (a)(6).
By Ed Boltz, 20 June, 2012

Bankr. E.D.N.C.: Poston v. Toomey- Nondischargeability under 11 U.S.C. §§ 523(a)(2)(a) and 523 (a)(6)

Summary: In 2002, the Toomey sold real property located at 1124 Berwyn Way, Raleigh, to the Postons. At the time of the sale, the Property was encumbered by a deed of trust and, in addition, by a home equity line of credit (“HELOC”) with Central Carolina Bank (“CCB”), which was secured by a second deed of trust. At the closing of the sale, the first deed of trust was paid off and canceled of record. The Toomeys’ HELOC with CCB was paid down to zero but, unfortunately, the deed of trust securing the HELOC was not canceled and the HELOC account was not closed.
By Ed Boltz, 20 June, 2012

Bankr. E.D.N.C.: In re Mead- Violation of Discharge

Summary: The Debtor had, after purchasing a 3rd parties interest in an Illinois home, been given title to the home by his then fiance, Ms. Ward, subject to an agreement that he would reconvey the real property to her in the event he pre-deceased her or their relationship ended. So, of course, their relationship ended and he declined to reconvey the property to her. Ms. Ward then commenced a lawsuit in Illinois against the Debtor seeking reconveyance of the property and damages for breach of contract. The Debtor filed Chapter 7, during which Ms.

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