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.
The Virginia
Department of Social Services, Division of Child Support Enforcement, sought to
obtain post-petition funds held by the Trustee following the dismissal of Mr.
Webb’s unconfirmed Chapter 13 case to apply against his delinquent child
support.
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:
Turnover of a vehicle held by a Raeford Collision and subject to a possessory mechanic’s lien was resolved subject to a Consent Order, which required the MacGregor to provide the title to the vehicle so that a lien could be recorded with the North Carolina DMV.
Summary:
The Debtor filed a voluntary Chapter 11 case, but PNC Bank, the largest unsecured creditor, moved to dismiss the bankruptcy. The Debtor moved to convert to Chapter 7. The Bankruptcy Administrator supported dismissal.
The Bankruptcy Court first found that und 11 U.S.C. § 1124(b)(4) there were sufficient grounds to convert of dismiss the case.
