Bankruptcy Court for the Eastern District of North Carolina Court Cases

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  1. In Re Alexander (2006)

    These cases are before the court on the debtors' objections to the trustee's motions for confirmation. On April 27, 2006, the court conducted a hearing on these matters in Wilson, North Carolina. Because resolution of the issues before the court will directly impact the functioning of Chapter 13, the court opened the hearing to all interested Chapter 13 debtors, trustees, and creditors in the district and authorized the filing of briefs before and after the hearing[1]


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 06-00324-8-JRL, 06-00147-8-JRL, 06-00318-8-JRL, 06-00149-8-JRL, 06-00089-8-JRL, 06-00811-8-JRL, 0510689-8-JRL, 06-00300-8-JRL, 05-10652-8-JRL, 05-10625-8-JRL, 05-10597-8-JRL, 05-10617-8-JRL, 06-00128-8-JRL, 05-10699-8-JRL, 06-00027-8-JRL, 06-00049-8-JRL,
  2. In Re Donald (2006)

    A discharge hearing pursuant to 11 U.S.C. § 524(d) was held on April 26, 2006, for the court to consider whether to approve the reaffirmation agreement between the chapter 7 debtors, Chester Arthur Donald and Mary Scales Donald, and Coastal Federal Credit Union ("Coastal"). After the hearing, the court gave the debtors and Coastal additional time to file briefs. The briefs have been filed, and the issue is ready for determination.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 06-00100-5-ATS
  3. In Re Price (2007)

    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 issue before the court is whether the unnumbered paragraph immediately following 11 U.S.C. § 1325(a)(9) (sometimes referred to as the "hanging paragraph") precludes the debtors from bifurcating Wells Fargo's secured claim. A hearing was held in Raleigh, North Carolina on [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 06-00957-5-ATS
  4. In Re Brooks (2006)

    Centrix Funds Series, CLPF ("Centrix") is a creditor in the debtors' case, secured by a 2003 Mitsubishi Gallant, with a claim in the amount of $12,530.25. The debtors purchased the vehicle on May 31, 2005 and filed their petition on December 13, 2005. Their Chapter 13 plan provides for payment of the Centrix claim in full with interest at the rate of 7.75 percent, which is the "trustee's rate."[1]


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 05-10644-8-JRL
  5. In Re Barham (1996)

    The matter before the court in this chapter 13 case is the motion for relief from the automatic stay filed by Branch Banking & Trust Company (BB & T). This motion presents an important issue of first impression to this court regarding 11 U.S.C. § 1322(c), which was added to the Bankruptcy Code by the Bankruptcy Reform Act of 1994. Bankruptcy Reform Act of 1994, Pub.L. No. 103-394, § 301, 108 Stat. 4106, 4131 (1994). A hearing was held in Raleigh, North Carolina on February 20, 1996.

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 96-00007-5-ATS
  6. In Re Paschal (2006)

    The matter before the court is the Motion for Declaratory Judgment and, in the Alternative, for the Continuance of the Automatic Stay filed by the chapter 13 debtor, Laura McFarland Paschal. The debtor requests that the court determine the meaning of 11 U.S.C. § 362(c)(3)(A) and, if the court determines that the stay will terminate under that section, that the court extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 05-06133 5 ATS
  7. In Re Jones (2006)

    The matter before the court is the Motion for Declaratory Judgment and, in the Alternative, for the Continuance of the Automatic Stay filed by the chapter 13 debtor, Thaddeus Rudolph Jones, Jr. The debtor, in his motion filed on January 17, 2006, requests the court to interpret the meaning of the phrase "with respect to the debtor" in 11 U.S.C. § 362(c)(3)(A), and determine whether the automatic stay will terminate under that section. If the court determines that the stay will terminate under [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 06-00050-5-ATS
  8. In Re Ingle (1987)

    The matter before the court is an objection to discharge brought by the debtor's chapter 7 trustee, Algernon L. Butler, Jr., pursuant to 11 U.S.C. § 727. The debtor has filed a motion to dismiss this adversary proceeding, the motion was denied prior to trial, and the trial was held in Raleigh, North Carolina, on February 24, 1987.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 86-01651-SA7, Adv. No. S-86-0209-AP
  9. Matter of Storms (1983)

    A written contract was entered into by Great American Insurance Company (Great American), plaintiff, and Bobby Dale Storms (Storms), defendant, on March 23, 1979, by the terms of which Storms became an agent of Great American for the sale of crop-hail insurance. Storms thereafter was licensed by the State of North Carolina and started doing business as Storms Insurance Agency in Dublin, North Carolina.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 82-00652-7, Adv. No. 82-0347-AP
  10. In Re James (2001)

    This matter comes before the court on the Trustee's Objection to Confirmation of the Debtors' Chapter 13 Plan of Reorganization and Motion to Dismiss and Debtors' Request for Confirmation. A hearing took place in Raleigh, North Carolina on March 6, 2001.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 99-02275-5-ATS
  11. In Re Caremerica, Inc. (2009)

    C. Christopher Smith, C. Christopher Smith, P.A., Lumberton, NC, David W. Long, Poyner & Spruill, Jason L. Hendren, Hendren & Malone, PLLC, William P. Janvier, Everett Gaskins Hancock & Stevens, LLP, Christopher T. Graebe, Douglas Hanna, Mark R. Sigmon, Graebe Hanna & Welborn, PLLC, Terri L. Gardner, Nelson Mullins Riley & Scarborough, LLP, Robert K. Imperial, Williams Mullen Maupin Taylor, William E. Brewer, Jr., The Brewer Law Firm, Bettie Kelley Sousa, Smith Debnam, [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 06-02913-8-JRL. Adversary No. L-08-00174-8-JRL
  12. In Re Byrd (2000)

    The matter before the court is chapter 7 debtor George Merle Byrd's motion to require Circus Circus Las Vegas and Caesar's Palace Casino (collectively, "the casinos"), both former creditors of the debtor, and the Clark County District Attorney's Office in Clark County, Nevada, to show cause why they have not violated the automatic stay and discharge injunction provisions of the United States Bankruptcy Code §§ 362(a) and 524(a)(2). A hearing was held in Raleigh, North Carolina on October 10, [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 98-02060-5-ATS
  13. In Re Watson Seafood & Poultry Co., Inc. (1984)

    This cause is before the court upon the application of Andrew S. Martin and Herman Wolff, Jr., counsel for the chapter 11 debtor, for the allowance of attorney's fees in the amount of $40,625 plus expenses of $925.95. The trustee, Algernon L. Butler, Jr., filed an objection on February 27, 1984. A hearing was held on March 19, 1984, after which the trustee, with permission of the court, filed a "response" setting out further objections. Counsel for the debtor filed a "reply." The trustee's [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. S-83-00734-5
  14. In Re Brock Utilities & Grading, Inc. (1995)

    The matter before the court is the motion filed by the chapter 11 debtor in possession, Brock Utilities & Grading, Inc. ("Brock") to recover damages pursuant to 11 U.S.C. § 362(h) from the Internal Revenue Service arising from the IRS's violation of the automatic stay. A hearing was held in Raleigh, North Carolina on August 9, 1995.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 95-01618-8-ATS
  15. In Re Moore (2002)

    The matters before the court are the Bankruptcy Administrator's Motions to Determine Propriety of Petition Preparer Fees and Sanctions and for Entry of Show Cause Order regarding Charlie Anderson and We the People Document Services ("We the People"), and the motion of Charlie Anderson and We the People for Partial Dismissal of the Bankruptcy Administrator's Motion to Determine Propriety of Petition Preparer Fees and Sanctions Based on Lack of Jurisdiction Over Unauthorized Practice of Law. In [...]

    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 02-01514-5-ATS, 02-01515-5-ATS, 02-01546-5-ATS
  16. In Re Festner (1985)

    The matter before the court is the confirmation of the debtor's chapter 13 plan and the objection filed by IBM Coastal Employees Federal Credit Union ("IBM Credit Union"). The trustee recommended that the plan be confirmed, but did not respond to the objections raised by IBM Credit Union, nor did the trustee appear at the confirmation hearing held on October 15, 1985.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. S-8501318-5
  17. In Re Kidd (1993)

    The matter before the court is the motion of the chapter 13 debtors, Clark and Donna Kidd, to determine the value of collateral and the status of the claim of Associates Financial Service Company, Inc. A hearing was held in Raleigh, North Carolina on September 7, 1993.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 93-00780-5-ATS
  18. In Re Walcott (1995)

    The trial of this adversary proceeding to determine whether the chapter 7 debtor, Stephanie Walcott, is entitled to discharge her student loans with the defendant, USA Funds, Inc., pursuant to 11 U.S.C. § 523(a)(8)(B) was held in Raleigh, North Carolina, on August 9, 1995.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 94-00376-5-ATS. Adv. No. S-94-00121-5-AP
  19. In Re Eastern Agri-Systems, Inc. (2000)

    This converted chapter 7 case is before the court on a Motion for Allowance and Payment of Lease Rejection Claim as Administrative Priority Claim under 11 U.S.C. §§ 503 and 365 filed by Financial Pacific Leasing, LLC ("FPL"). A hearing was held on August 15, 2000 in Wilmington, North Carolina.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: 99-06283-8-JRL
  20. In Re Hardie (1989)

    The matter before the court is the "Motion for Rejection of Executory Contract" filed by the chapter 12 debtors on April 20, 1989. After proper notice, a hearing was held in Raleigh, North Carolina, on May 24, 1989.


    Court: Bankruptcy Court for the Eastern District of North Carolina Docket: Bankruptcy No. 89-00434-S07

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