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Summary: 297 B.R. 457 (2002) In re Joseph Lester NEWKIRK, Debtor. This matter was heard on January 10, 2002 upon the Bankruptcy Administrator's Motion to Review Compensation of the Chapter 7 Debtor's counsel, Jack G. Lezman. The Debtor Joseph Lester Newkirk was also present. Second, the Administrator asks the Court to review the compensation paid by Newkirk to Lezman and any amounts still owing by the debtor to Lezman and determine whether any fees should be disgorged and/or forgiven. Likewise, in the ca......read more.


Summary: 75 B.R. 619 (1987) In re MORRIS COMMUNICATIONS NC INC., I.D. No. Langdon M. COOPER, Trustee in Bankruptcy for Morris Communications NC, Inc., Plaintiff, v. ASHLEY COMMUNICATIONS, INC. et al., Defendants. Joseph W. Grier, III, of Grier & Grier, Charlotte, N.C., for defendants Ashley Communications, Inc., Lynn H. Martin, William G. Martin and Ashley E. Martin. James L. Mason, Jr., of Gerdes, Mason, Brunson, Wilson, Tolbert and Simpson, Charlotte, N.C., for defendant Horace A. Morris, Jr. THIS MATT......read more.


Summary: 109 B.R. 179 (1989) In re Lewis W. WILLIAMS and Annie B. Williams, Debtors. This matter is before the court on the Chapter 13 Trustee's motion to modify the debtors' Plan to provide for a secured claim of the Internal Revenue Service ("IRS"), the debtors' objection to the Trustee's motion, and IRS' opposition to the debtors' objection. FACTS AND CONTENTIONS The debtors filed a Chapter 13 petition on January 31, 1989, and the IRS filed a proof of claim listing secured taxes in the total amount of......read more.


Summary: 47 B.R. 251 (1985) In re Bruce D. DeWEESE, Debtor. David G. GRAY, Trustee in Bankruptcy for Bruce D. DeWeese, Plaintiff, v. INGLES MARKETS, INC. Employees' Stock Bonus Plan and Trust, Bruce D. DeWeese, United States of America (United States Department of the Treasury, Internal Revenue Service) and State of North Carolina (North Carolina Department of Revenue), Defendants. Subsequently, on April 7, 1983, the Debtor converted his case to a case under Chapter 7, and the Plaintiff was appointed int......read more.


Summary: 256 B.R. 858 (2001) In re Eugene Jessie WRIGHT, d/b/a Quick-Way Express, and Linda Wooten Wright, p/k/a L & G Diesel and Trucking, Debtors. (Administrative Expense Issue) This matter came on for hearing before the undersigned on November 17, 2000, upon the debtors' motion to modify their Chapter 13 payment plan and the objection thereto filed by Financial Pacific Leasing, LLC. Based on that hearing and the case record, the Court makes the following: FINDINGS OF FACT The debtors formerly operated......read more.


Summary: 416 B.R. 202 (2009) In re J.A. JONES, INC., et al., Debtors. This matter came on for hearing on January 22, 2009 and again on February 3, 2009 on the Motion for Relief from Stay to Pursue State Court Litigation (the "Motion") filed on December 24, 2008 by Concord West of the Ashley Homeowners' Association ("Concord West"), through counsel (D.E.4784). FINDINGS OF FACT On or about September 25, 2003 and various dates thereafter, J.A. Jones, Inc. and its affiliated entities (collectively, the "Debt......read more.


Summary: 46 B.R. 551 (1985) In re Betty KEZIAH, SS# XXX-XX-XXXX, Debtor. THIS MATTER coming on to be heard upon Jim Walter Homes, Inc./Mid-State Homes, Inc.'s objection to confirmation of the alleged Debtor's Chapter 13 plan, and being heard by the Court, the undersigned Judge presiding, on January 7, 1985 and again on February 4, 1985, the Court does hereby find the following issues to be presented in the controversy before it: ISSUES I. Is 11 U.S.C. 109(f)(2) applicable only in bankruptcy proceedings w......read more.


Summary: 72 B.R. 908 (1987) In re Anastasios TATSIS and Sophia Tatsis, SSN XXX-XX-XXXX, XXX-XX-XXXX, Debtors. Does the Court have jurisdiction over a Chapter 13 case when the Debtors' debts exceed the limitations set out in Section 109(e)? The Court believes that the Debtors' right to dismiss the case automatically under Chapter 13 is limited when a motion to convert is pending. Movant argues forcefully that the Debtors cannot convert the Chapter 13 case, as filed, to a Chapter 7 case, as they were not d......read more.


Summary: 26 B.R. 65 (1982) In the Matter of O. Max GARDNER, III, et al., Debtor. This matter came on for hearing before the undersigned United States Bankruptcy Judge on November 29, 1982 and again on December 8, 1982, upon the issue of the debtor's intention to reject an executory contract; and it appearing to the Court that no procedural basis or pleading foundation has heretofore been laid to invoke the jurisdiction of this Court in connection therewith and the constitutionally required notice has not......read more.


Summary: 20 B.R. 81 (1982) In the Matter of Norris E. CANIPE and wife, Dorothy Gibson Canipe, Debtors. This Chapter 13 proceeding was filed on December 18, 1981 by O. Max Gardner, III, attorney for debtors: the 341(a) meeting was held in Shelby, North Carolina on February 18, 1982; that prior to adjournment of the 341(a) meeting, Marcus Johnson, the Chapter 13 Standing Trustee announced that he would recommend to the Court that the Plan be confirmed; and no one objected to Confirmation at or before that ......read more.


Summary: 467 B.R. 868 (2012) In re PACIFIC AVENUE, LLC, et al., Debtors. On July 22, 2010, Pacific Avenue, LLC and Pacific Avenue II, LLC (collectively, the "Debtors"), filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The Trustee owes fiduciary duties to the Debtors' estates and their creditors, as well as those duties set forth in 11 U.S.C. § 1106.


Summary: 416 B.R. 193 (2008) In re Robert Joseph YATKO and, Valerie Ann Yatko, Debtors. A. Burton Shuford, Trustee in Bankruptcy for Robert Yatko and Valerie Ann Yatko, Plaintiffs, v. Citizens South Bank, Defendant. The Robert and Valerie Ann Yatko ("Yatko's") filed a Chapter 13 petition with this Court on July 22, 2007. Deertrack was a real estate development company owned by Robert Yatko. See Citizens South Bank v. Wren Homes, Inc., Robert J. Yatko and Valeria A. Yatko, 06 CVS 2917. It appeared that a ......read more.


Summary: 90 B.R. 180 (1988) In re GUIL-PARK FARMS, INC., Debtor. NCNB loaned money to the debtor and took a Note and Security Agreement secured by accounts receivable, including proceeds therefrom. Unbeknownst to NCNB, the debtor exchanged the accounts receivable owing to it by the three restaurant corporations for promissory notes executed to it by those corporations.


Summary: 119 B.R. 521 (1990) In re WESTCHASE I ASSOCIATES, L.P., A Delaware Limited Partnership, Debtor. Westchase I Associates, L.P., is a Delaware limited partnership which owns a commercial office building located at 4421 Stuart Andrew Boulevard in Charlotte, North Carolina. The Debtor's sole general partner is EGF Charlotte Partners, LP, a Delaware limited partnership. Due to continued failure of Bojangles to make rental payments to the Debtor, the Debtor was unable to make its monthly mortgage payme......read more.


Summary: 469 B.R. 628 (2012) In re Floyd H. WINN and Bonnie M. Winn, Debtors. ORDER GRANTING DEBTORS' MOTION TO MODIFY PLAN J. CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER is before this Court upon the Motion to Modify Plan filed by Debtors Floyd H. and Bonnie M. Winn on February 29, 2012, the Trustee's Response dated March 7, 2012, and his Amended Response filed March 16, 2012.


Summary: 297 B.R. 465 (2003) In re Jeffrey Steven GOLDBERG and Melissa Dawn Goldberg, Debtors. The debtors, Jeffrey Steven Goldberg and Melissa Dawn Goldberg filed a Chapter 13 petition with this court on January 23, 2002, and their Chapter 13 plan was confirmed on March 26, 2002. In late 1990 or early 1991, Melissa Dawn Goldberg ("Mrs. Goldberg") enrolled at Southern College of Business in Gastonia, North Carolina, for one week.


Summary: 31 B.R. 878 (1983) In re BLACKWELDER FURNITURE COMPANY OF STATESVILLE, INC., and its Subsidiaries, Debtor. NCNB claims as additional security for its claim a second mortgage on certain real property owned by the Debtor, pursuant to a deed of trust dated August 31, 1978, as well as a second priority security *879 interest in the Debtor's office furniture, equipment and fixtures, also pursuant to a security agreement dated August 31, 1978. In particular, the parties have asked the Court to determi......read more.




Summary: 425 B.R. 766 (2010) In re Ronald Creigh HILL, Sabrina Collins Hill, Debtors. Andresen & Arronte, PLLC, Plaintiff v. Ronald Creigh HILL, Sabrina Collins Hill, Defendant. A bench trial was held on January 21, 2010 in this § 523(a)(2) dischargeability action brought by Plaintiff Andresen & Arronte, PLLC, ("the Firm"), against two of its clients, Debtor/Defendants Ronald and Sabrina Hill (collectively "the Hills"). Now having heard all the evidence, the Court GRANTS Defendants' Motion for Directed V......read more.


Summary: 242 B.R. 866 (1999) In the Matter of STARK, Gerald A. Stark, Cathy C., Debtors. Gerald A. Stark and wife, Cathy C. Stark, Movants, v. Crestar Mortgage Corporation and Federal National Mortgage Association (FannieMae), Respondents. Gerald & Cathy Stark, the debtors in this case, filed their petition for relief under Chapter 13 of Title 11 of the United States Code on 19 September 1995. The plan filed by Gerald & Cathy Stark with their petition included the *869 mortgage payment to Crestar for the......read more.