Summary:
Despite having received notice of the bankruptcy filing and notice of the proof of claims deadline well before the expiration of the deadline and approximately thirteen months prior to confirmation of the Amerson's Second Amended Plan, Flanders, who was represented by counsel during much toe the Chapter 11 proceeding, did not take any action in the bankruptcy proceeding to request relief from the automatic stay or to file a proof of claim.
Summary:
Black’s Chapter 13 plan provided for the mortgage to Chase to be paid as a conduit, through the Trustee. The Motion for Confirmation filed by the Trustee, however, inadvertently provided for direct payment of the mortgage by Black, without reduction of the plan payment. This disconnect lead to the completion of the Chapter 13 plan on November 29, 2012, only four months after confirmation.
Summary:
The Male Debtor, the owner of IPS Construction, personally guaranteed a loan to M.G. Brown, a division of Foreman’s Inc. After IPS failed to pay its debt, M.G. Brown commenced a small claims lawsuit in 2010. After the magistrate entered a judgment in favor of M.G. Brown on January 12, 2011, the Male Debtor appealed and the matter was referred to arbitration. Neither Debtor attended the arbitration and subsequently, on June 1, 2011, the Debtors filed Chapter 13 bankruptcy, listing as a creditor, among others, M.G. Brown. On June 30, 2011, M.G.
Summary:
The Court had previously entered a Consent Order that allowed Bank of America to proceed with foreclosure against some of the property of the estate and also appointed a Chapter 11 Trustee. TP subsequently filed a Motion to Set Aside or Modify the Consent Order allowing foreclosure.
Summary:
In two opinions, In re Harrelson Utilities, Inc. , No. 09-0281S-8-ATS (E.D.N.C. Bankr. July 3D, 2009) and In re Mammoth Grading, Inc., No. 0901286-8-ATS (E.D.N.C. Bankr. Aug. 24, 2009), bankruptcy court held that a subcontractor's lien rights did not constitute "an interest in property" under the exception in 11 U.S.C.
