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Summary: 441 B.R. 44 (2010) In re Suzanne S. CLIFTON, Debtor. Pending before the Court is the Motion to Show Cause Why Automatic Stay Has Not Been Violated and Motion for Injunction and Sanctions filed by Suzanne S. Clifton ("Clifton") on June 13, 2010 (the "Motion"), the Secretary of Labor's Response to Suzanne Clifton's Motion to Show Cause Why Automatic Stay Has Not Been Violated and Motion for Injunction and Sanctions filed by the Secretary of Labor (the "Sec. of Labor") on July 7, 2010 (the "Respons......read more.


Summary: 51 B.R. 869 (1985) In re Raymond Arthur LAUGHINGHOUSE, Catherine D. Laughinghouse, Debtors. *871 FACTS Raymond Arthur Laughinghouse and Catherine D. Laughinghouse filed a voluntary chapter 11 petition on February 28, 1984. [2] Both Mr. and Mrs. Woolard and Mr. Spear refused and continue to refuse to close the transaction because, they contend, the property is owned by Catherine Enterprises, Inc., not the debtors, and because the property is subject to liens and encumbrances, i.e., a life estate,......read more.


Summary: 83 B.R. 914 (1988) In re L.P. BRITTON, Jr., d/b/a Britton Trading Co., Britton Trading Co., Inc., St. John's Farms and Gay H. Britton, Debtors. *915 Rudolf A. Renfer, Jr., Asst. U.S. Atty., for U.S. Kenneth H. Gillespie, New Bern, N.C., for debtors Tingle and Berry. Gregory B. Crampton, Raleigh, N.C., trustee for Britton. The trustee in the Britton case is Gregory B. Crampton, Attorney at Law, Raleigh, North Carolina. Prior to bankruptcy, the male debtors were engaged in farming operations and e......read more.


Summary: 369 B.R. 884 (2007) In re NATIONAL GAS DISTRIBUTORS, LLC, Debtor. Richard M. Hutson, II, Trustee for National Gas Distributors, LLC, f/k/a Paul Lawing Jr., LLC, Plaintiff v. Smithfield Packing Company, Incorporated, Defendant. The matters before the court, are several motions of the defendant, Smithfield Packing Company, Inc. ("Smithfield"), Smithfield moves to dismiss, under Rule 12(b)(6) of the Federal Rules of Civil Procedure (made applicable to this adversary proceeding by Rule 7012(b) of th......read more.


Summary: 363 B.R. 734 (2007) In re Telephius Letoinne PRICE, Shawana Denise Price, Debtors. The matter before the court is the objection filed by Wells Fargo Financial Acceptance ("Wells Fargo") to confirmation of the plan proposed by the chapter 13 debtors, Telephius Letoinne Price and Shawana Denise Price. The debtors disagree, contending that Wells Fargo does not have a purchase money security interest because the amount of its claim includes obligations separate from, and in addition to, the purchase......read more.


Summary: 435 B.R. 915 (2010) In re Gary Kevin COATS, Debtor. David M. Warren, Trustee, Plaintiff v. Gary Kevin Coats and Roi Parker, Defendants. Background Gary Kevin Coats filed a petition for relief under chapter 7 of the Bankruptcy Code on February 10, 2009. In support of his request that the court deny Coats' discharge, the trustee asserts the following grounds: (1) Coats' actions in connection with the sale of the Condo, including transferring, removing, destroying or concealing property of the esta......read more.


Summary: 64 B.R. 467 (1986) In re George Thomas BLANKS, Peggy C. Blanks, d/b/a Blank's Minute Mart ID#: XX-XXXXXXX, Debtors. The debtors, George Thomas Blanks and Peggy C. Blanks, filed a voluntary petition under chapter 11 of the Bankruptcy Code on August 12, 1983. The debtors operated a business, Blank's Minute Mart, which was sold by the debtors' chapter 7 trustee, Richard *468 D. Sparkman, with all liens attaching to the proceeds.


Summary: 45 B.R. 676 (1985) In re Jimmy Lee ALLRED, Jr., SS#: XXX-XX-XXXX, Theresa Ann Merck Allred, SS#: XXX-XX-XXXX, Debtors. The matter before the court is the chapter 13 debtors' motion to avoid a judicial lien pursuant to 11 U.S.C. § 522(f)(1). FACTS The chapter 13 debtors, Jimmy Lee Allred and Theresa Ann Merck Allred, own a house in Cary, North Carolina, valued at $70,000. DISCUSSION AND CONCLUSIONS Until today, this court has held that 11 U.S.C. § 522(f) conflicts with the provisions of chapter 1......read more.


Summary: 431 B.R. 607 (2010) In re Jessica Niele SMITH, Debtor. This matter came before the court on the trustee's motion for confirmation, and debtor's objection thereto. After reviewing the trustee's motion, the debtor discovered that the trustee also proposed payment of six percent (6%) interest on the unsecured debt compounded yearly. However, the debtor contended that interest should not be paid on the original balance of the unsecured claims for the entire length of the plan, as this treatment woul......read more.


Summary: 100 B.R. 284 (1989) In re Paul Thurman HARDIE, SS#: XXX-XX-XXXX Dora Lee Hardie, SS#: XXX-XX-XXXX, Debtors. In 1988, Paul and Dora Hardie signed a contract which gave William and Elizabeth Phipps an option to purchase for $65,000 property owned by the Hardies located in Columbus County, North Carolina. [1] Mr. and Mrs. Hardie filed their petition for relief under chapter 12 of the Bankruptcy Code on February 16, 1989. Fla.1984), rev'd on other grnds, 785 F.2d 936 (11th Cir.1986),[4] in which the......read more.


Summary: 80 B.R. 769 (1987) In re Barbara A. DiCELLO, SS#: XXX-XX-XXXX, Debtor. The matter before the court is the "Motion to Modify Stay" filed on October 30, 1987, by Commercial Credit Loans, Inc. ("CCL"), the holder of a second deed of trust on real property owned by the debtor, asking that the automatic stay be modified to permit the completion of foreclosure proceedings on the property which is the subject of CCL's deed of trust. DISCUSSION AND CONCLUSIONS CCL's motion presents the following two iss......read more.


Summary: 36 B.R. 813 (1984) In re WILMINGTON NURSERY COMPANY, INC., Debtor. WILMINGTON NURSERY COMPANY, INC., Plaintiff, v. Henry BURKERT and Heather Burkert, Defendants. The Court finds that the Debtor's financial condition during the ninety (90) days immediately preceding May 2, 1983 was such that the Debtor's debts were greater than the fair value of its assets and that the Debtor was insolvent during that period as defined in 11 U.S.C. § 101(26).


Summary: IN RE: SHEARIN FAMILY INVESTMENTS, LLC, Chapter 11, Debtor. Shearin Family Investments, LLC ("Shearin") filed a petition for relief under chapter 11 of the Bankruptcy Code on October 13, 2008. A number of individuals paid the full purchase price requested for specific units, as follows: T. Stewart Gibson $325,000 1 unit Leonard W. Edwards $500,000 3 units Michael Hedgepeth $500,000 3 units TayMay, LLC ......read more.


Summary: 93 B.R. 72 (1988) In re James O. McLAMB, Sr., SS#: XXX-XX-XXXX, Lunette P. McLamb, SS#: XXX-XX-XXXX, Debtors. It is undisputed that the Land Bank obtained a judgment against the debtors in North Carolina state court on January 9, 1987, in the amount of $267,290.87 plus attorney's fees in the amount of $40,334.32 and that PCA obtained a judgment against the debtors that same date in the amount of $308,451.98 plus attorney's fees in the amount of $41,283.38. Mr. McLamb testified at the hearing hel......read more.


Summary: 455 B.R. 455 (2011) In re TP, INC., Debtor. At that time, Bank of America also filed an action in Pender County Superior Court against the debtor, the debtor's principal, Ronald Bryant, Mr. Bryant's wife (both were guarantors of the debt), and another company affiliated with the debtor. Bank of America reported the debtor's conduct to the bankruptcy administrator, contending that the debtor's actions constituted "fraud, dishonesty, incompetence, and/or gross mismanagement of the affairs of the D......read more.




Summary: 424 B.R. 730 (2010) In re Claudia NEWELL, Debtor. L. Ardan Development Corporation, Plaintiff v. Claudia N. Touhey a/k/a Claudia Z. Newell, Defendant. Margaret T. Fredeen, Plaintiff v. Claudia N. Touhey a/k/a Claudia Z. Newell, Defendant. It is conceivable that the plaintiffs could recover a judgment from the debtor for the full amount of their claims, thereby substantially increasing the debtor's liability and affecting the administration of the estate. Under 28 U.S.C. § 1334(c)(2), a federal c......read more.


Summary: 54 B.R. 532 (1985) In re Claire Huffe FESTNER, SS#: XXX-XX-XXXX Debtor. (2) For purposes of this subsection, "disposable income" means income which is received by the debtor and which is not reasonably necessary to be expended — (A) for the maintenance or support of the debtor or a dependent of the debtor. . . . * * * * * * The debtor's plan does not propose to pay the full amount of unsecured claims, nor does it provide that all of the debtor's projected disposable income will be committed to t......read more.




Summary: 431 B.R. 387 (2010) In re DEAN HARDWOODS, INC., Debtor. See United States v. Bullion Hollow Enterprises, Inc. (In re Bullion Hollow Enterprises, Inc.), 185 B.R. 726, 728 (W.D. Virginia 1995) (debtor may modify a plan at any time after confirmation of such plan and before substantial consummation). Substantial consummation, as defined in 11 U.S.C. § 1101(2), requires the following to have occurred: (A) [The] transfer of all or substantially all of the property proposed by the plan to be transferr......read more.