Michael Vincent Beverley filed for Chapter 7 bankruptcy on May 24, 2019, disclosing In his petition his ownership of real property located at 6680 Ridge Bluff Drive, Rural Hall, North Carolina, valued at $208,000, encumbered by a deed of trust and several judgment liens, including to BMO Harris Bank.. Mr. Beverley received a discharge on August 29, 2019, and the case was closed on September 9, 2019, but without filing motions to avoid judicial liens.
When Carolina Repo attempted a self-help repossession of her car, Atkinson attempted to drive her vehicle away. Carolina Repo then slid the tow bar under the car to disable it, demanded that she exit it, and called the Harnett County Sheriff's Office. Deputy Sheriff Godrey arrived at the scene and directed Atkinson to exit the vehicle so that it could be repossessed. Intimidated by an armed law enforcement officer, Atkinson complied and Carolina Repo took the car.
The Liquidating Trustee sought judgment on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair or deceptive acts or practices against Moses H. Cone Memorial Hospital Operating Corporation ("Cone Health), with both parties seeking summary judgment.
The bankruptcy court overruled the chapter 7 trustee's objection to the debtor Catherine Myatt's claimed exemption in her interest in her former husband's 401(k) retirement account.
The Trustee sought to avoid two transfers, in the total amount of $30,000, made by the Debtor from his wholly owned corporation to Michael Campbell.
The only issue in the avoidance action was whether the Debtor received less than equivalent value for the transfers. The Trustee asserted these were gifts and the Debtor that they were loans. The Trustee brought a Motion for Summary Judgment.
