appeal

Summary: The pro se Debtor attacked a foreclosure on several fronts, first appealing the Clerk of Court authorization of the foreclosure to the Superior Court and then to the Court of Appeals.  The Debtor did not file a motion to stay the foreclosure pending the appeal and the property was sold at auction. The Court of Appeals held that the foreclosure auction mooted the subsequent appeal, leaving nothing to be heard. For a copy of the opinion, please see:

Summary: The Debtors filed a Chapter 13 bankruptcy in 2008.  Following a Motion to convert or dismiss the case filed by the Chapter 13 Trustee, the Debtors voluntarily converted to Chapter 7.  The U.S. Trustee sought dismissal of the case pursuant to 11 U.S.C.

Summary:

Following an order denying the Debtor’s motion to dismiss, the Debtor sought certification of his appeal directly to the Court of Appeals, bypassing the District Court, pursuant to 28 U.S.C. § 158(d)(2)(B).  Direct certification is allowed under 28 U.S.C. § 158(d)(2)(A) if the court before which the matter is pending determines:

(i) the . . . order . . . involves a question of law as to which there is no controlling decision of

Summary: Deluxe Cleaners originally filed Chapter 11 in the Eastern District of North Carolina, but venue was shortly thereafter transferred to the Middle District of North Carolina.  A related bankruptcy,  filed by the Parks (who owned Deluxe Cleaners) was filed in the Eastern District of North Carolina.  Thus began a cross-district tangle. Prior to the filing of either bankruptcy, Deluxe Cleaners and the Parks obtained a judgment against Forrest Investment Group.  As part of the Deluxe Cleaners bankruptcy, assets were sold to Forrest Investment and this judgment was cancel