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: Not quite half-way through this exhaustive opinion, the bankruptcy court, in discussing Stern v.

Summary: The Goldens loaned their then friends, the Malones, $14,700.00.  The Goldens then filed bankruptcy, failing to disclose the existence of this loan as, either as an asset or otherwise.  While his own bankruptcy was still pending, Mr.  Golden commence collection attempts on this loan,  with the parties relationship souring dramatically, with allegations of "scandalous behavior" being traded between Mr.  Golden and Mr.  Malone, including alcohol and drug use, trips to "adult entertainment establishments", etc..  Eventually the Malones

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: Property Agreement provided that the Debtor would be primarily liable for the mortgage debt and "[t]o the extent of any obligation contained herein is discharged in bankruptcy and the non-bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for spousal support in an amount sufficient to cover any amounts so discharged."  The Debtor, of course, filed Chapter 13 and disputed whether this created a domestic support obligation under 11 U.S.C.

Summary: Ocwen filed a Motion for Relief from Stay.  At the hearing, the Debtor testified she was under a loan modification with Ocwen and provided copies of the loan modification agreement and bank account statements showing that payments under the loan modification had been made.  Ocwen provided absolutely no evidence to support its position that the Debtor was in default. In addition to denying the Motion for Relief from Stay, sua sponte, the Bankruptcy Court has ordered Ocwen to show cause why it should not be sanctioned pursuant to Rule 9011(c)(1)(B)

Summary: The Chapter 11 Plan for LLM provided that for the eventual reamortization of two notes, partially based on cash flow.  Ten years later when it came to recapitalize  the notes,  LLM and the note holder disagreed by nearly $5 million on the amount. Each party presented evidence from their separate accountants.  The note holder's accountant, however, included hypothetical figures into her calculation for "demonstrative purposes" and the court found there was no factual basis for these asserted amounts.