During Ms. Boykin’s Chapter 13 case, the bankruptcy court held that the claim by the United States arising under the Affordable Care Act ("Obamacare") out of her failure to obtain health insurance was a non-priority penalty and not a tax. While this appeal by the government was pending, Ms. Boykin voluntarily converted her case to Chapter 7, in which all parties agreed there would be no insufficient assets for any distribution to creditors.
Mrs. Dev had filed three bankruptcy cases, with the second dismissed on September 12, 2017, and the third filed on February 13, 2018, for the purpose, among others, of stopping the foreclosure of her home by Coastal Federal Credit Union. CFCU brought a Motion for Relief arguing that it lacked adequate protection, that the plan was filed in bad faith, was abusive, and part of a scheme to delay, hinder and defraud CFCU. It sought in rem relief for two years. Ms.
Mr. Tyler obtained a mortgage against his home and eventually fell delinquent and faced foreclosure proceedings. Mr. Tyler then filed a pro se Chapter 7 bankruptcy and commenced an adversary proceeding challenging the foreclosure on host of the usual grounds.
After filing
Ch. 11,
during which case Bank of America filed a Proof of Claim asserting that
it was secured by a Deed of Trust owned by Mr.
McGowan and occupied by his then minor daughter, McGowan converted to
Ch. 7, received a discharge and the real property was abandoned.
Ms. Broughton,
a persistent and likely pernicious debtor and appellant, filed a Chapter 13 bankruptcy proposing to
sell for the benefit of her secured creditors the real property she claimed to
own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.” When this plan was rejected, her case was
converted to Chapter 7. The Trustee
subsequently obtained an order to sell the property free and clear of liens, but
by then Ms. Broughton opposed such sale,
Ms. Broughton,
a persistent and likely pernicious debtor and appellant, filed a Chapter 13 bankruptcy proposing to
sell for the benefit of her secured creditors the real property she claimed to
own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.” When this plan was rejected, her case was
converted to Chapter 7. The Trustee
subsequently obtained an order to sell the property free and clear of liens, but
by then Ms. Broughton opposed such sale,
Prior to filing bankruptcy, Mr. Faison had received an offer to purchase his real property from Marlowe & Moye for $1.1 million dollars, conditioned on improved road access being allowed by the Town of Knightdale. When that was not granted, the sale fell through and Mr. Faison eventually filed Ch.
