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Citation: 471 B.R. 131 | Docket No.: 11-08543
Status: Published | Citing: 16
Summary: 471 B.R. 131 (2012) In re Barbara Gentry STERRENBERG, Debtor. Pending before the Court is the Motion to Dismiss Chapter 7 Proceeding Pursuant to 11 U.S.C. § 707(b)(1) and (b)(3) filed by the Bankruptcy Administrator on January 12, 2012 (the "Motion to Dismiss") and the Response to Motion to Dismiss Chapter 7 Proceeding Pursuant to Rule 707(b)(1) and (b)(3) filed by Barbara Gentry Sterrenberg (the "Debtor") on February 29, 2012 (the "Response"). Additionally, both the Bankruptcy Administrator and......read more.


Citation: 148 B.R. 13 | Docket No.: 19-01725
Status: Published | Citing: 10
Summary: 148 B.R. 13 (1992) In re Richard H. CHANDLER, Barbara K. Chandler, Debtors. The debtors, Richard and Barbara Chandler, filed their joint chapter 13 petition on July 16, 1992.


Citation: 33 B.R. 16 | Docket No.: 18-00445
Status: Published | Citing: 1
Summary: 33 B.R. 16 (1983) In the Matter of Robbin Ray ELLIS, Debtor. FINDINGS OF FACT On February 18, 1983, Robbin Ray Ellis (Ellis), debtor, owned a 1980 Chevrolet Monza automobile.


Citation: 72 B.R. 152 | Docket No.: 13-02907
Status: Published | Citing: 21
Summary: 72 B.R. 152 (1987) In re BOARDWALK DEVELOPMENT COMPANY, INC., Debtor. The matters before the court are cross motions for summary judgment in this adversary proceeding brought by the plaintiff, H.C. Kirkhart, seeking reformation of *153 a deed of trust executed by the debtor-defendant, Boardwalk Development Company, Inc. ("Boardwalk") on behalf of the plaintiff. Section 544(a) of the Bankruptcy Code provides: The trustee shall have, as of the commencement of the case, and without regard to any kn......read more.


Citation: 54 B.R. 781 | Docket No.: 04-04298
Status: Published | Citing: 16
Summary: 54 B.R. 781 (1985) In re James Clay MOORE, Ann H. Moore, Debtors. ORMOND WHOLESALE COMPANY, INC., Plaintiff, v. James Clay MOORE, and wife, Ann H. Moore, Debtors, Richard M. Stearns, Attorney for Debtors, Defendants. This adversary proceeding was brought by Ormond Wholesale Company, Inc., ("Ormond"), against the chapter 11 debtors in possession, James Clay Moore and Ann H. Moore, to impress an equitable lien on possible proceeds of an insurance policy.


Citation: 96 B.R. 55 | Docket No.: 19-01026
Status: Published | Citing: 5
Summary: 96 B.R. 55 (1989) In re Floretta ARMSTRONG, SS #: XXX-XX-XXXX, Debtor. [1] Four written communications with respect to the debtor's bankruptcy which were sent to Super Saver were admitted into evidence: (1) a "Notice to Creditors" dated October 10, 1988, from the debtor's attorney which states that federal law prohibits the creditor from making any effort to collect on its debt as long as the debtor's plan remains in effect; (2) a notice of the bankruptcy filing and of the § 341 meeting date fro......read more.


Citation: 52 B.R. 816 | Docket No.: 19-01721
Status: Published | Citing: 11
Summary: 52 B.R. 816 (1985) In re James Forrest PENNY, Jr., SS#: XXX-XX-XXXX, Debtor. FACTS James Forrest Penny, Jr., is a debtor in possession (11 U.S.C. § 1101(1)) having filed a voluntary petition under chapter 11 of the Bankruptcy Code on June 21, 1985. Mr. Penny has also negotiated adequate protection arrangements with two of his largest secured creditors, Mid-South Bank ("Mid-South") and W.A. Johnson, Trustee for the Spears' Estate Heirs ("Spears' Estate"), which will permit the debtor to have an o......read more.


Citation: 64 B.R. 759 | Docket No.: 17-02807
Status: Published | Citing: 8
Summary: 64 B.R. 759 (1986) In re Thomas Avery NYE, Sr., Debtor. GREAT AMERICAN INSURANCE COMPANY, Plaintiff, v. Thomas Avery NYE, Sr., Defendant. FACTS The debtor, Thomas Avery Nye, Sr., filed a voluntary petition under chapter 7 of the Bankruptcy Code on December 23, 1985. The plaintiff, Great American Insurance Company, alleges in its complaint that at the debtor's meeting of creditors held on February 6, 1986, the debtor failed to respond to questions concerning a joint conveyance by the debtor and h......read more.


Citation: 276 B.R. 733 | Docket No.: 18-04430
Status: Published | Citing: 11
Summary: 276 B.R. 733 (2002) In re TIDEWATER DESIGNS, INC., Debtor. Tidewater Designs, Inc., Plaintiff, v. Evergreen America Corp., Defendant. The debtor's contractual relationship was with Evergreen's principal EMC, and the debtor's dealings with Evergreen were limited to the release of cargo in exchange for payment and presentation of a bill of lading. Although the defendant was the initial recipient of payments from the debtor, the court concludes that the defendant's principal EMC was the initial tra......read more.


Citation: 86 B.R. 867 | Docket No.: 16-06193
Status: Published | Citing: 9
Summary: 86 B.R. 867 (1988) In re Emma Sue ADAMS, SS#: XXX-XX-XXXX, Debtor. The matter before the court is the "Motion to Set Aside Sale and For Damages and Sanctions for Violation of the Automatic Stay," filed on November 19, 1987, by the chapter 13 debtor, Emma Sue Adams. FACTS Emma Sue Adams filed a pro se petition under chapter 13 of the Bankruptcy Code on April 22, 1987. In a memorandum opinion and order entered September 4, 1987, the court found, based on Mr. Adams' testimony at a hearing held on J......read more.


Citation: 266 B.R. 342 | Docket No.: 19-01426
Status: Published | Citing: 6
Summary: 266 B.R. 342 (2001) In re LEA LUMBER & PLYWOOD LLC, Debtor. Facts The debtor is a Delaware limited liability company ("LLC") that operated a hardwood veneer plant in Bertie County, North Carolina until June of 2000. For purposes of the present motions, all parties agree that this instrument was properly executed by the debtor in the following form: LEA LUMBER & PLYWOOD, LLC a Delaware limited liability company (SEAL) By: BAU, Ltd., a North Carolina corporation, Its Manager (SEAL) By: S/Bradly Up......read more.


Citation: 65 B.R. 51 | Docket No.: 19-01221
Status: Published | Citing: 18
Summary: 65 B.R. 51 (1986) In re Judy M. CARRAWAY, Debtor. James Oliver CARTER, Trustee, Plaintiff, v. William Raeford HOLLAND, and Judy M. Carraway, Defendants. Christopher B. Godwin, Fayetteville, N.C., for Judy M. Carraway. This is an adversary proceeding brought by James Oliver Carter, the chapter 7 trustee for the estate of Judy M. Carraway, to avoid an unperfected lien on a mobile home pursuant to 11 U.S.C. § 544(a) and to recover two prebankruptcy payments as preferential transfers pursuant to 11 ......read more.


Citation: 456 B.R. 236 | Docket No.: 19-02513
Status: Published | Citing: 9
Summary: 456 B.R. 236 (2011) In re Tony Lee JENKINS, Debtor. Tony Lee Jenkins, Plaintiff v. Genesis Financial Solutions and Vativ Recovery Solutions, LLC, Defendants. The matter before the court is the motion to dismiss filed by defendants Genesis *237 Financial Solutions and Vativ Recovery Solutions, LLC in response to plaintiff Tony Lee Jenkins' complaint seeking actual and statutory damages based on alleged violations of the federal Fair Debt Collection Practices Act ("FDCPA") and North Carolina's new......read more.


Citation: 230 B.R. 526 | Docket No.: 01-03262
Status: Published | Citing: 4
Summary: 230 B.R. 526 (1999) In re EXPRESS PARTS WAREHOUSE, INC., Debtor. On September 23, 1998, the court approved the sale of substantially all of the debtor in possession's assets to its primary secured lender, NationsCredit Commercial Corporation, which subsequently sold the assets to Automotive Parts Express, Inc. and A-1 Express Parts Warehouse (together "Automotive Parts").


Citation: 55 B.R. 580 | Docket No.: 19-00095
Status: Published | Citing: 17
Summary: 55 B.R. 580 (1985) In re James Starkey HOWARD, III, Debtor. Carol A. MORRISON, Trustee, Plaintiff, v. James Starkey HOWARD, III, Defendant. FACTS The debtor, Dr. James Starkey Howard, III, filed a voluntary petition under chapter 7 of the Bankruptcy Code on August 16, 1984. While Dr. Howard was in Germany, he established Chatham Hall Foundation, Inc. ("Chatham Hall"), a North Carolina nonprofit charitable corporation controlled by Dr. Howard, his second wife (Jane Davis Howard), and the debtor's......read more.


Citation: 33 B.R. 271 | Docket No.: 19-01821
Status: Published | Citing: 17
Summary: 33 B.R. 271 (1983) In re Hardin Busby CROUCH, Debtor. FACTS The Debtor, Hardin Busby Crouch was married to Jeanne Fogarty Crouch on December 23, 1973. On August 4, 1983, Mrs. Crouch moved to amend the exemptions by claiming "all those parcels of real property shown on Schedule B-1 of the debtors petition which are held by the debtor and the debtor's wife as tenants by the entirety, pursuant to 11 U.S.C. § 522(b)(2)(B) and the common law of the state of North Carolina."




Citation: 377 B.R. 151 | Docket No.: 07-01664
Status: Published | Citing: 11
Summary: 377 B.R. 151 (2007) In re BENEATH THE TREES, LLC, Debtor. The debtor failed to pay its February 2007 and March 2007 mortgage payments. While the debtor made a large payment in April 2007 in an effort to catch up its mortgage arrearage, the debtor remained delinquent on mortgage payments at the time of filing bankruptcy. The debtor contends that HUD had not formally declared a default at the time the debtor filed bankruptcy and that the debtor was not using HUD funds to fight HUD.


Citation: 96 B.R. 608 | Docket No.: 19-00954
Status: Published | Citing: 19
Summary: 96 B.R. 608 (1989) In re Jose Ernesto TREVINO, SS#: XXX-XX-XXXX Belinda Keller Trevino, SS#: XXX-XX-XXXX, Debtors. The trustee's final objection concerns the debtors' claim of exemption with respect to property which was transferred by the debtors to the female debtor's father, Mr. Keller, prior to the filing of the debtors' bankruptcy petition. [9] In the present case, the trustee has not recovered any preferences from Mr. Keller so as to bring § 522(g) directly into play and the debtors have n......read more.


Citation: 3 B.R. 605 | Docket No.: 19-02132
Status: Published | Citing: 6
Summary: 3 B.R. 605 (1980) In the Matter of Leonard E. REAVES, III. Gayle C. REAVES and Cumberland Bank, Plaintiffs, v. Robert H. BARTELT, Trustee in Bankruptcy for Leonard C. Reaves, III, Defendant.