Summary: ECP was retained, prior to the bankruptcy filing by the Debtor, to sell certain of the Debtor's properties.  The listing agreement included a provision that the Debtor would seek to employ  ECP in the event bankruptcy was filed.   ECP was, in fact, approved by the Court to sell the properties.  Unfortunately, following the objection by the lienholder,  the sale of the properties was ultimately not approved, as it did not satisfy the requirements of 11 U.S.C.

Summary: While the secured classes in the Chapter 11  accepted the plan, none of the unsecured creditors cast ballots and the class was deemed to have rejected the plan.  The Debtor was, however, given an additional 14 days to obtain ballots.  Otherwise, the Debtor would be allowed to file an amended plan, where the principal could purchase the equity interest in the Debtor. For a copy of the opinion, please see:

Summary: The Debtor owned real property with her husband as tenants by the entireties, but then separated.  Pursuant to a Separation Agreement, the Debtor signed a Quit Claim Deed granting the property to her husband in 2005 and the parties divorced in 2006.  She later filed Chapter 13 on December 3, 2008, but, apparently unbeknownst to the Trustee,  the Quit Claim Deed was not recorded until January 9, 2009, one day after the §341 Meeting of Creditors.   The Debtor’s confirmed plan abandoned  her interest in the property to the secured creditors

Summary: The Debtor proposed a plan that would have paid roughly a 3.8% dividend to general unsecured claims, but would have separately classified his non-dischargeable student loans and paid them in full.  The general unsecured class did not accept this plan. 11 U.S.C.

Summary: Kenneth Jones filed a Chapter 13 bankruptcy on behalf of his minor nephew in 2003.  After finding no evidence that Jones was his nephew's court appointed guardian, the Trustee moved for the appointment of a guardian ad litem pursuant to Bankruptcy Rule 1004.1.  Prior to that motion being heard, however, the case was dismissed for non-payment. Recently, however, the Nephew (now presumably having reached his majority) experienced difficulties obtaining credit due to this bankruptcy.  Accordingly then moved to have the bankruptcy re-opened and then dismi

Summary: Smithville Crossings’ Chapter 11 plan was confirmed wherein the Richardsons, the Debtor’s sole equity owners, agreed to grant a lien to creditor Rialto of unencumbered real estate, if the Richardsons were able to retain their ownership in Smithville Crossings.  The plan provided that the Richardsons would pay $10,000 to purchase that ownership interest and invited competing bids.  The highest bidder, however,   was neither the Richardsons nor Rialto, but a subsidiary of Rialto. The bankruptcy court held that such an equity auction following confi

Summary: After Wells Fargo commenced foreclosure, the Debtor filed an action against Wells Fargo first in North Carolina Superior Court, which was then removed to the Middle District Court.  (This series of events actually occurred twice.)  When the Debtor eventually filed bankruptcy in the Eastern District, venue in her case against Wells Fargo was transferred. Following a Motion to dismiss the Debtor’s complaint, the Debtor sought to voluntarily dismiss her Chapter 13 case, requesting that the Complaint against Wells Fargo then be remanded to either the Eastern D

Summary: The Male Debtor executed a promissory note in favor of Option One Mortgage, the predecessor to Wells Fargo, and at the same time both Debtors executed a Deed of Trust.  Subsequently, the Male Debtor defaulted on the note and the property was sold at foreclosure.  A Substitute Trustee’s Deed was then recorded, conveying the property to Wells Fargo. Later, the Clerk of Court was informed that the Notice of Sale had not been included in the foreclosure file and Clerk set aside the foreclosure sale.  Wells Fargo then transferred the property to Male Debto

Summary: The Debtor filed Chapter 13 in 2009, subsequently converting to Chapter 7 on May 9, 2011.  This conversion was one day prior to a hearing to determine the status of the claim of the Debtor’s ex-wife, Ms.  Day. Ms.  Day argued that the conversion was only done in an attempt to avoid paying her claim through the Debtor’s Chapter 13 plan, which otherwise only required $21.50 to complete.   Additionally, Ms.  Day alleged that the Debtor self-reported environmental hazards on their property, in an effort to reduce the value.  Accordingl

Summary: Creditors filed an involuntary Chapter 7 bankruptcy for SilverDeer.  On the motion of SilverDeer, the bankruptcy court dismissed the involuntary bankruptcy finding that the pursuant to 11 U.S.C. § 303(b)(1), the claims of the creditors were subject to a bona fide dispute.  Subsequently, the bankruptcy court awarded Howard Jacobson, the manager/member of SilverDeer, his attorney fees and costs incurred defending SilverDeer, pursuant to 11 U.S.C.