Summary: The Debtor was filed in an involuntary Chapter 7 bankruptcy, which was eventually dismissed.  The bankruptcy court, later affirmed by the district court, awarded the Debtor $24,678.41 in attorneys’ fees and costs. After the award was affirmed, however, BB&T a creditor, asserted that as a judgment creditor it was entitled to the money.  The bankruptcy court found to the contrary, holding that while a "judgment creditor acquires a lien on the judgment debtor’s real estate by docketing.

Summary: Debtor was first found by a civil court to be the slayer of Michelle Young, his wife.  He later filed a Chapter 7 bankruptcy, claiming 401k accounts as exempt.  While the bankruptcy was pending, he was convicted of the first degree murder of Ms.  Young. First the Court found that the Debtor was, pursuant to N.C.G.S. § 31A-3 (3)(a) and (b), as slayer to both the civil adjudication and the criminal conviction.  As such, he did own the 401k accounts as "[n]o person should be permitted to profit from his own wrong", Prudential Ins. Co v.

Summary: Following shortly after the opinion by Judge Leonard in In re White (See:  http://ncbankruptcyexpert.com/?p=686), Judge Doub similarly held here that the attorney for the mortgage servicer had made no showing that the filing of Notice of Mortgage Payment Change required the assistance of an attorney. For a copy of the opinion, please see:

Summary: Piedmont Equine Associates, Inc., and its debt collector, Madison Credit Bureau Associates, Inc.,  continued to contact the Debtors about payment of a debt, not only after notice of the bankruptcy,  but after it had filed a Proof of Claim.  The contacts included letters, telephone calls and direct contact by their daughter’s horse trainer. The Court found that Piedmont had violated 11usc 362 and that recovery for actual damages under § 362(k) included emotional distress.  Evidence of emotion distress "need not rise to the level necessary to prove

Summary: Plaintiff in a non-dischargability action sought summary judgment based on judgment entered by Judge Jolly on August 17, 2009.  The Debtors/Defendants, however, produced the entire state court file, showing both that Judge Stephens had dismissed the action on May 19, 2009, and that there was nothing showing the Debtors/Defendants received notice of the litigation pending before Judge Jolly. Finding that the Debtors/Defendants had not had "an adequate opportunity or incentive to obtain a full and fair adjudication in the initial action."  Metropolitan H

Summary: Creditor filed a Notice of Mortgage Payment Change and contemporaneously filed a Notice of Post-Petition Mortgage Fees, asserting a $50.00 fee for filing the Notice of Mortgage Payment Change. On the objection of the Chapter 13 Trustee, the Court disallowed this fee, finding that the Notice of Mortgage Payment Change was "nothing more than a clerical duty" and did not require the assistance of legal counsel. Commentary: This opinion apparently independently comes to the same conclusion as did Judge Mayer of the Eastern District of Virginia, in&nbs

Summary:

In three separate Orders in the same case, which began as a Chapter 11 and later converted to Chapter 7,  the Court looks at the allowance of administrative expenses.

Summary:

Croatan Surf Club filed a single asset real estate Chapter 11, with such real estate subject to a lien by Royal Bank America ("RBA").  In compliance with 11 U.S.C. § 362(d)(3), Croatan filed a Second Amended Plan within 90-days of filing the bankruptcy, but RBA sought relief from stay, arguing that such plan was patently unconformable and was also nullified by the filing of a Third Amended Plan, outside of the 90-day window.

Summary: Swartville owed TD Bank $1,615,000, secured by real property and guaranteed by the three principals of the company.  Following default and rather than foreclosing on the property, TD Bank brought suit against the guarantors.  Swartville then filed Chapter 11, proposing to surrender the real property in satisfaction of the debt.  TD Bank objected that such plan was not filed in good faith, as it was intended solely to benefit the guarantors by forcing TD Bank to take the real property in reduction of the debt. Applying the two-prong good faith test dev

Summary: Dickerson filed Chapter 7 pro se, initially failing to disclose and exempt a pending lawsuit against Bell Partners for personal injuries and pecuniary losses.  The Debtor eventually claimed the lawsuit as fully exempt, but the Trustee objected to the exemption of an pecuniary losses Dickerson, the Trustee and Bell Partners subsequently agreed, both on the telephone and in emails, to settle the lawsuit for $15,000, consisting of $10,000 in exempt personal injury proceeds and $5,000 for pecuniary losses, that would be available for the bankruptcy estate.  Di