Summary: Medical Creditor obtained a judgment against the Debtor and Non-Filing Spouse, with such lien attaching to the property that the Debtor and the Non-filing Spouse own as Tenants by the Entireties. After filing Chapter 7, the Debtor sought to avoid, pursuant to 11 U.S.C.

Summary: In two opinions,  In re Harrelson Utilities, Inc. , No. 09-0281S-8-ATS (E.D.N.C. Bankr. July 3D, 2009) and  In re Mammoth Grading, Inc., No. 0901286-8-ATS (E.D.N.C. Bankr. Aug. 24, 2009),  bankruptcy court  held that a subcontractor's lien rights did not constitute "an interest in property" under the  exception in 11 U.S.C.

Summary: The Debtor excluded from her CMI her non-filing husband's monthly payments of $166.00 for his student loans and $1,628.00 related to  their former residence, including renovation costs..  This resulted in a negative disposable monthly income.  The Bankruptcy Administrator argued that since the non-filing spouse was spending money on expenses and renovations of joint property, such payments were benefitting the Debtor and should be included in CMI. First the Bankruptcy Court and then, on appeal, the District Court agreed with the Debtor, finding that

Summary: The individual Chapter 11 plan proposed to pay approximately a 4% dividend to general unsecured claims, but separately classified his $235,871.00 in student loans, proposing to pay that class in full.  No impaired class accepted the plan. Accordingly, the plan could only be approved by fulfilling the requirements of 11 U.S.C.

Summary: Kenneth Jones filed a Chapter 13 bankruptcy petition on behalf of his minor nephew, "John Doe", in 2003.   Because Jones had not been appointed as the Debtor’s guardian, the trustee moved for appointment of a guardian ad litem under Rule 1004.1.  The case, however, was dismissed prior to any appointment. Moving to the present, the Debtor contended that as Jones was not his guardian under Rule 1004.1, the bankruptcy was improper and had detrimentally affected his adult life.  Pursuant to 11 U.S.C.

Summary: The Chapter 11 plan, confirmed in 2001,  provided that the liability of the guarantors was capped at the amount of the Recapitalized Debt.  The creditor, originally Wachovia, however, argued that this provision was impermissible and should not be given effect now. The bankruptcy court found that this argument was fallacious.  First, the terms of the confirmation order had been fully negotiated by a sophisticated creditor with an experienced attorney from a large law firm. That aside, pursuant to both A.H. Robins Company, Inc. v Mabey, 880 F.

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