Morrone filed Chapter 13, without his spouse, listing as his main asset the marital residence, valued at $400,000 and owned as Tenants by the Entireties. Liens against this property consisted of first and second mortgages totaling $317,434.32, leaving $82,565.68 in equity in the property.
Additionally, John Brettell had judgment lien for a non-consumer debt against both the Morronne and his spouse for $57,000.
A pro se debtor failed to obtain the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h) and the bankruptcy court sua sponte issued an Order to Show Cause why the case should not be dismissed. Despite opposition from the Chapter 7 trustee, who, having been alerted by Wells Fargo, believed there were non-exempt funds available, the bankruptcy court held that the case must be dismissed.
Chris Miller, appearing pro se, appealed a ruling from the bankruptcy court but failed to file a designation of items from the bankruptcy docket for inclusion on the appellate record. After explicitly providing Mr. Miller 30 additional days to file the designation the court held that before dismissing an appeal pursuant to Rule 8003(a)(2), least one of the following steps must be taken:
Following a trial (which the bankruptcy court described as more akin to a Summary Judgment Hearing), which was preceded by what can almost described as a remand by the bankruptcy court to the state domestic court to clarify the nature of its award of 50% of the Debtor’s retirement to his ex-wife, the bankruptcy court held that such award was not equitable distribution, which would have been dischargable in the Debtor’s Chapter 13, but a non-dischargable domestic support obligation.
Summary:
Ms. Morgen brought suit alleging violations of the Fair Credit Reporting Act and Student Loan Finance (“SLF”) moved for a change of venue to South Dakota based on a forum selection clause in the contract.
Ms. Morgen’s initial objection that the loan applications and promissory notes proffered by SLF had no affidavits from record keepers denied as the court held that such would be precluded as evidence in a consideration of a motion for summary judgment, but, in part because “there is no plausible contention that these documents are inaut
Summary:
A pharmacy filed Ch. 7, with its primary asset being $40-50,000 in drug inventory. Upon the motion of the Trustee, the court found that the FDA and NC Pharmacy Board had specific procedures regarding the proper handling and disposal of prescription drugs that those entities were better able to follow than the Trustee. Accordingly, as there were no other assets, dismissal was proper to allow the Pharmacy Board to dispose of the drugs.
Summary:
After nearly 35 years of marriage, Thomas Leviner and Kathy Leviner divorced and negotiated a Settlement where the parties prior marital residence was retained jointly for their children to inherit, but with Mr. Leviner to make the mortgage payments and Ms. Leviner to retain the property during her lifetime (unless she remarried.) Mr. Leviner was also pay alimony of $300 a week until Ms. Leviner turned 67 years old. In 2015, after refinancing the house, Mr.
Summary:
Grand Dakota Partners (“GDP”) and Grand Dakota Hospitality (“GDH”) filed a Chapter 11 bankruptcy in the Western District of North Carolina, largely because its owners and management were located in Charlotte. The hotel, bar and restaurant operated by GDP and GDH are located in Dickinson, North Dakota.
Venue in North Carolina was proper under 28 U.S.C. § 1408, as Charlotte was the “principal palce of business” for the corporations, since that is where the “decision makers are located”. See The Hertz Corp. v. Friend, 559 U.S. 77, 80 (2010).
