By Ed Boltz, 21 May, 2021
By Ed Boltz, 15 April, 2021
By Ed Boltz, 29 March, 2021
By Ed Boltz, 5 February, 2019
Mrs. Dev had filed three bankruptcy cases, with the second dismissed on September 12, 2017, and the third filed on February 13, 2018, for the purpose, among others, of stopping the foreclosure of her home by Coastal Federal Credit Union. CFCU brought a Motion for Relief arguing that it lacked adequate protection, that the plan was filed in bad faith, was abusive, and part of a scheme to delay, hinder and defraud CFCU. It sought in rem relief for two years. Ms.
By Ed Boltz, 8 October, 2018
The Randles fell behind on their car payments and Saga Auto Sales repossessed the Randles’ 2011 Cadillac Escalade. Upon payment of $2,100, Saga returned the vehicle on December 2, 2017. With their next payment due on December 9, 2017, the Randles filed Chapter 13 on December 8, 2017. Saga again repossessed the vehicle on December 10, 2018, also taking possession of Ms.
By Ed Boltz, 25 August, 2017
Summary: In a case involving a hog farm and related claims of environmental pollution, Sound Rivers, Inc.’s and Waterkeeper Alliance, Inc. sought an order confirming that the automatic stay does not apply or, in the alternative, for relief from the automatic stay in order to continue their lawsuit filed in the federal district Court.
By Ed Boltz, 13 December, 2016
Summary: Bankruptcy Court Characterization of Equitable Distribution Awards Cheryl Jones brought motions against the Debtor, her ex-husband, Sean Jones, seeking relief from the stay and for determination of Domestic Support Obligation, with the primary question being whether the family court’s Equitable Distribution Order award of $116,182 from the debtor’s 401(k) plan and $63,736 from the debtor’s retirement account were in the nature of a domestic support obligation, pursuant to §§ 101(14A) and 523(a)(5), or
By Ed Boltz, 21 June, 2016
Summary: RDLG filed suit against Leonard alleging a pattern of fraudulent activity. Attorneys Lankford and Neyhart entered appearances for Leonard and were still attorneys-of-record when the district court set a pre-trial conference for October 3, 2012. On September 30, 2012, Lankford and Neyhart filed a motion seeking to both continue the October 3rd hearing and also to withdraw as counsel, due to both a lack of communication and payment from Leonard.
By Ed Boltz, 23 May, 2014
Summary: Construction Supervision Services (“CSS”) filed a Chapter 11 bankruptcy in January 2012, after which several subcontractors, which had previously provided stone, concrete, and fuel to CSS on an open account, sought to serve notice of liens on funds owed by others to CSS, thereby perfecting such liens. BB&T, which had lent CSS money, objected to the Subcontractors’ post-petition notice and perfection, arguing that such actions violated 11 U.S.C.