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By Ed Boltz, 5 February, 2019

Bankr. E.D.N.C.: In re Dev- Termination of the Automatic Stay

Summary:

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.

By Ed Boltz, 5 February, 2019

E.D.N.C.: Tyler v. Wells Fargo- Order Granting Motion for Relief is the Law of the Case

Summary:

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.

By Ed Boltz, 5 February, 2019

E.D.N.C.: Bank of America v. McCowan- Revocation of Abandonment Improper

Summary:

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.

By Ed Boltz, 5 February, 2019

E.D.N.C.: In re Broughton- Modification of Trust by Bankruptcy Trustee

Summary:

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,

By Ed Boltz, 5 February, 2019

E.D.N.C.: In re Broughton- Order to Vacate Property

Summary:

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,

By Ed Boltz, 29 January, 2019

Bankr. E.D.N.C.: Halatek v. U.S. Department of Education- Student Loans Nondischargeable

Summary:

By Ed Boltz, 12 October, 2018

Bankr. E.D.N.C.: In re Faison: Collusion between Bidders at Auction

Summary:
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.
By Ed Boltz, 8 October, 2018

Bankr. E.D.N.C.: In re Ayodele- Conduit Mortgage Payment Required 

Summary:
Mr.
By Ed Boltz, 9 January, 2018

E.D.N.C.: In re Hurlburt- Anti-Deficiency Mortgage Statute does not Circumvent Anti-Modification Provisions

Summary: After direct appeal to the 4th Circuit was declined, the district court affirmed the opinion of the bankruptcy court in Hurlburt that the anti-deficiency statute of N.C.G.S. § 45-21.28 does not allow debtors to circumvent the anti-modification provisions of 11 U.S.C. § 1322(b)(2) and (c)(2), with Witt v. United Companies Lending Corp. (In Re Witt), 113 F.3d 508 (4th Cir.
By Ed Boltz, 9 January, 2018

Bankr. E.D.N.C.: In re Stockwell- Dismissal of 3rd and 4th Bankruptcy for Bad Faith under §707(a)

Summary: Between March 7, 2017, and November 28, 2017, Mr. Stockwell filed first a Chapter 13 and then three Chapter 7 cases, with the fourth case being filed while the third was still pending. (The dismissal of the third case had been set aside as it had been automatically dismissed due to the failure to file documents under 11 U.S.C. § 521(I) while the Bankruptcy Administrator’s motion to dismiss with prejudice.) Mr. Stockwell’s cases were filed with the apparent intent of holding off a foreclosure by Ocwen, as it was the only creditor listed in any of his cases.

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