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By Ed Boltz, 19 June, 2012

N.C. Court of Appeals: In re Vogler- Rule 60(b) does not redress errors of law

Summary: Dorothy Vogler died testate, with her debts exceeding the value of her real and personal property. Chris Vogler, the executor of her estate, initiated a special proceeding for the purpose of obtaining authorization to sell the real estate that Ms. Vogler had owned at the time of her death and to use the proceeds to pay her debts. Such sale was authorized and subsequently confirmed on January 12, 2011, with the Clerk authorizing payment of the costs of the proceeding and the remaining balance on the mortgage owed to Bank of America (“BOA”) on the real property.
By Ed Boltz, 15 May, 2012

N.C. Court of Appeals: In re Wilson- Failure to Enjoin Foreclosure Pending 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:
By Ed Boltz, 30 November, 2011

4th Circuit: McDow v. Dudley- Denial of Motion to Dismiss Pursuant to 11 U.S.C. § 707(b) is an Appealable Final Order

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.
By Ed Boltz, 18 November, 2011

Bankr. WDNC: In re Robinson- Denial of Direct Appeal to Circuit Court

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

By Ed Boltz, 15 November, 2011

Bankr. MDNC: In re Deluxe Cleaners, Inc.- Stay Pending Appeal

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

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