Summary: The Debtor's mother signed the Debtor's signature on 11 student loans.  After filing bankruptcy, the Debtor objected to the validity of the claims. The Court began by reiterating that under 11 U.S.C. § 502(b0, ‘[claims that are unenforceable against the debtor or against property of the debtor . . . are simply not allowable for purposes of a right to share in a distribution of the debtor's assets." In re Easthaven Marina Group, LLC, No. 08-05453-8-JRL (Bankr. E.D.N.C. May 7, 2009) (Leonard, J) (quoting 4 Collier on Bankruptcy (15th ed.

Summary: The Debtors are the owners of real property in Vandemere, North Carolina and a mobile home that sits at that location, but is  personal property.  The Debtors claimed both as exempt under their homestead.  A judgment creditor objected that this was not the residence of the Debtors and that the Debtors had not obtained the necessary permits to place the mobile home at the property. The Debtors testified that they were currently not residing on the property, partly because the Male Debtor required dialysis that was not available locally and also because

Summary: The Chapter 7 Debtors failed to disclose in their petition their interests in various real estate partnerships and multiple foreclosure proceedings, which the Chapter 7 Trustee discovered through reviewing the Debtors’ tax return and public records.  The Debtors then sought to convert to Chapter 13 and the Chapter 7 Trustee objected. The Court held the Debtors  initial schedules were so misleading as to give rise to an inference  of bad faith, which in turn prevents conversion. Marrama v. Citizens Bank of Massachusetts, 549 U.S.

Summary: Debtor executed a promissory note and Deed of Trust in favor of First Citizens in 2004, but since the loans inception made payments to (or through) Cenlar.  After the Debtor filed Chapter 13 in 2007,    Cenlar filed a proof of claim, including a copy of the note, but without any indorsement.  In 2008, the Debtor fell behind on payments and a consent order resolving such delinquency was entered, stating, among other things, that Cellar was the holder or servicer of the note.  In March of 2011, Residential Credit Solutions ("RCS") filed a

Summary: The complaint and anser both failed, in contravention of Rules 7008(a) and 7012(b), to state whether the proceeding was core or  non-core, and if non-core, where the parties consented to the bankruptcy court entering  final orders or judgments.  The Court held that, in light of Stern v. Marshall, 564 U.S. ___, 131 S.Ct.

Summary: A few hours prior to a foreclosure sale, 15 parcels of real property were transferred to the Debtors by three corporations owed by the Debtors.  The Debtors shortly thereafter filed Chapter 11.  BB&T commenced an Adversary Proceeding seeking to avoid the transfers as fraudulent conveyances and because some were made ultra vires and brought a Motion for Summary Judgment. In determining whether a transfer was a fraudulent conveyance the court first turned to the non-exclusive list of factors found in N.C. Gen. Stat.

Summary: A commercial guarantee and Deed of Trust in the amount of $250,000.00 was executed by Prudential Investors, L.L.C., of which the Male Debtor was 50% owner.  The commercial guarantee defined the "guarantor" as the Male Debtor, but the Female Debtor also signed under the word "Guarantor."  At the same time, the Male Debtor also signed two $100,000.00 notes that included the words "personal guaranty" under the signature line on an addenda to the notes. The Male Debtor alleged that he had, in fact, forged his wife’s name to the commercial guarantee.  The

Summary: Following a foreclosure, appeal of the foreclosure to the North Carolin Court of Appeals (which was dismissed for failure by the homeowner to comply with deadlines), an unconsummated foreclosure bid by the homeowner's daughter, and two civil suits in state court, the Debtor eventually filed Chapter 13 (twice).  Not surprisingly, Wells Fargo had lost patience with the Debtor and sought not only relief from the automatic stay as to the Debtor, but also in rem relief against the real property itself under 11 U.S.C.