Bankruptcy Court for the Middle District of North Carolina Court Cases

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  1. In Re Barr (2006)

    This case came before the court on March 14, 2006, for a hearing on the confirmation of the Debtor's proposed plan of reorganization and for a hearing on the Chapter 13 Trustee's objection to confirmation.[1] Stephen D. Ling appeared on behalf of the Debtor and Jennifer R. Harris appeared on behalf of the Trustee, Anita Jo Kinlaw Troxler. For the reasons that follow, the court has concluded that the objection should be overruled and the plan confirmed.


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-14532C-13G
  2. Tracy Lyn Johnson and Mary Lee Johnson (2006)

    This matter came before the Court for hearing on January 26, 2006, upon the Proposed Order of Confirmation filed by the Chapter 13 Trustee on January 11, 2006, and the Objection to Confirmation of Plan filed by General Motors Acceptance Corporation ("GMAC") on January 13, 2006. At the hearing, John H. Boddie appeared on behalf of the Debtors, Pamela P. Keenan appeared on behalf of GMAC, and Anita Jo Kinlaw Troxler appeared in her capacity as the Chapter 13 Trustee.


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-14449
  3. In Re Clayton (1998)

    This adversary proceeding is before the court on a complaint filed by plaintiff Haywood M. Clayton ("Mr. Clayton") on August 18, 1997, against the defendants Malvern F. King, Jr. ("Mr. King"), the law firm of Pulley, Watson, King & Lischer ("Pulley Watson"), Charles F. Carpenter and Charles F. Carpenter, P.A. ("Mr. Carpenter") for alleged violations of the automatic stay under 11 U.S.C. § 362.[1] The trial of this matter was held in Durham, North Carolina, on January 14, 1998. The [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. B-97-10002C-7D. Adversary No. 97-2033
  4. In Re Bozzano (1994)

    This dischargeability action arises out of a transaction in which the plaintiffs purchased a new residence from a corporation in which the debtor was the chief operating officer and one of the principal shareholders of the corporation. The plaintiffs contend that there were numerous defects in the structure and that they sustained substantial monetary damages in correcting these defects. The question presented in this case is whether the plaintiffs have a claim for a debt which is [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. B-91-11864C-7W. Adv. No. 91-2478
  5. In Re Girodes (2006)

    This matter came on before the court for confirmation of the Debtor's Chapter 13 plan. The case is filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The Chapter 13 Trustee has objected to confirmation. The court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(b). This is a core proceeding in accordance with 28 U.S.C. § 157(b).


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 06-80171C-13
  6. Laurence A. Crink and Janet Marie Crink (2009)

    This matter came before the Court on February 3, 2009 upon the Motion of Bankruptcy Administrator for Dismissal of Case Pursuant to Sections 707(b)(1) and 707(b)(3) (the "Motion to Dismiss") filed by the United States Bankruptcy Administrator on September 5, 2008. At the hearing, John H. Boddie appeared on behalf of the above-referenced debtors (the "Debtors") and Robert E. Price, Jr. appeared on behalf of the Bankruptcy Administrator. After consideration of the Motion to Dismiss, the evidence [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 08-10824
  7. Travis Benton Johnson and Amy Tuttle Johnson (2008)

    This matter came before the Court on November 20, 2007 upon the Notice and Proposed Order of Confirmation (the "Plan"), filed by Travis and Amy Johnson (the "Debtors") on October 26, 2007; the Objection to Confirmation or Reclassification of Debt (the "Objection"), filed by Christy C. Snow ("Mrs.Snow") on November 14, 2007; and the Response to Objection to Order Confirming Plan by Christy C. Snow (the "Response"), filed by the Debtors on November 19, 2007. Thomas W. Anderson appeared on behalf [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 07-51275
  8. William Irvin Lipford and Rebecca Ann Lipford (2008)

    This matter came before the Court on March 3, 2008 upon the Motion of Bankruptcy Administrator for Dismissal of Case Pursuant to Section 707(b)(3) (the "Motion to Dismiss") filed by the United States Bankruptcy Administrator (the "Bankruptcy Administrator") on August 31, 2007. An additional evidential hearing was held on March 13, 2008. At both hearings, Philip E. Bolton appeared on behalf of William and Rebecca Lipford (the "Debtors") and Robert E. Price, Jr. appeared on behalf of the [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 07-10776
  9. Pecolia Griffin Wilson (2008)

    This matter came before the Court on August 15, 2007, for confirmation of the Chapter 13 plan of reorganization (the "Plan") of the above-referenced debtor (the "Debtor") as described in the Notice and Proposed Order of Confirmation filed by the Chapter 13 Trustee (the "Trustee") on April 19, 2007. John A. Meadows appeared on behalf of the Debtor, and Vernon J. Cahoon appeared on behalf of the Trustee. The Trustee objects to confirmation on the basis that the Plan violates Section 1325(b)(1)(B) [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 07-50382
  10. Laura Jackson Shaw (2006)

    This matter came on for hearing on April 20, 2006, in Durham, North Carolina upon an Objection by Allegacy Federal Credit Union ("the Creditor") to the confirmation of the Debtor's Chapter 13 Plan. Edward C. Boltz appeared on behalf of the Debtor, L. Clifford Brisson, Jr., appeared on behalf of the Creditor, and Benjamin E. Lovell appeared on behalf of Richard M. Hutson, II ("the Chapter 13 Trustee"). Pamela P. Keenan filed an amici curiae brief on behalf of General Motors Acceptance [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-84059
  11. Adalaide Elaine Craker (2006)

    This matter came before the Court for hearing on February 8, 2006 upon the Motion by CitiFinancial Auto Ltd. ("CitiFinancial") to Confirm Termination or Absence of the Automatic Stay. At the hearing, James E. Vaughan appeared on behalf of CitiFinancial. Having considered the motion and arguments of counsel, the court makes the following findings of fact and conclusions of law:


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-54201
  12. Antionette Sabrina Graddick Conyers (2007)

    THIS MATTER came on before the Court on October 10, 2007, after due and proper notice, before the undersigned Bankruptcy Judge upon Branch Banking & Trust's Objection to Confirmation of Plan. Jewel A. Farlow appeared on behalf of Branch Banking & Trust ("BB & T"), Wendell Wes Schollander, III appeared on behalf of Antionette Sabrina Graddick Conyers (the "Debtor"), and Kathryn L. Bringle appeared as Chapter 13 Trustee. After consideration of the pleadings, memorandums of law, and [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 07-50855
  13. In Re Weidel (1997)

    This case came before the court on November 5, 1996, for hearing upon Debtors' objection to a proof of claim which was filed on behalf of Harvell's Woodworking Company. Charles M. Ivey, III appeared on behalf of the Debtors and H. Arthur Bolick, II appeared on behalf of Harvell's Woodworking Company ("Harvell's").


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. 95-10910C-11G
  14. In Re Havner (2006)

    This matter came before the Court for hearing on December 22, 2005 on the Motion by Debtor to Extend the Automatic Stay (the "Motion"), filed by the above-referenced debtor (the "Debtor") on December 8, 2005. At the hearing, Anita Jo Kinlaw Troxler was present in her capacity as the Chapter 13 Trustee, and Wendell W. Schollander appeared on behalf of the Debtor.


    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-14505
  15. In Re Grandfather Mountain Ltd. Partnership (1996)

    This case came before the court on October 24, 1996, for a confirmation hearing on the Debtor's second amended plan ("the plan"). Gene B. Tarr appeared on behalf of the Debtor. The plan is supported by the Committee of Limited Partners ("the Committee"). Thomas W. Waldrep, Jr. appeared on behalf of the Committee. The plan is opposed by Berkeley Federal Savings Bank ("Berkeley") who filed an objection to the plan and voted against the plan. Rory D. Whelehan appeared on behalf of Berkeley. Both [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. 95-50621C-11W
  16. In Re Guilford Telecasters, Inc. (1991)

    On December 31, 1986, Guilford Telecasters, Inc., trading and doing business as WGGT-TV ("Debtor"), filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code. On August 7, 1989, Kathrine R. Everett, Robinson O. Everett, James Thrash, Roy O. Rodwell and such other shareholders of the Debtor who elect to participate, filed a plan of reorganization. The plan of reorganization was subsequently modified and amended. On March 20, 1991, a hearing was held on the [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. B-86-02633C-11
  17. In Re Watford (2007)

    THESE MATTERS came before the Court for hearing on April 25, 2007 upon the Plaintiffs' Motions for Summary Judgment. Steven M. Defalco appeared on behalf of Plaintiffs KGB International, Inc. ("KGB International") and Channel Imports, Inc. ("Channel"); Kate Ellis appeared on behalf of Plaintiffs Armstrong Marketing ("Armstrong"), G. Cefalu & Bros., Inc. ("Cefalu"), and Cornucopia Produce ("Cornucopia") (all five plaintiffs shall hereinafter be referred to as the "Plaintiffs"); and Dirk W. [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. B06-10347C-7G, Adversary Nos. 06-2049, 06-2050
  18. In Re Jarrell (1995)

    After hearing and considering the testimony of Ellis Parker Jarrell, Jr. and Bonnie Faye Jarrell and the presentation of Robin R. Palenske on behalf of the United States Bankruptcy Administrator for the Middle District of North Carolina, and Zachary T. Bynum, III on behalf of the debtors; and after reviewing the written evidence and the entire official court record and proceedings in this case; and upon good cause shown, the court makes the following findings of fact and conclusions of law:

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: B-93-13217 C-7 W
  19. In Re Thomas (1995)

    This adversary proceeding involves a claim by the plaintiffs that the defendants attempted to recover debts in violation of the plaintiffs' confirmed plan of reorganization and the order of this court enjoining creditors from taking action on all claims except those arising out of the confirmed plan. The plaintiffs contend that the actions of the defendants included the filing of an improper foreclosure proceeding. Plaintiff sued for injunctive relief, compensatory damages and attorney's fees. [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: Bankruptcy No. 90-11015C-11W. Adv. No. 93-6009
  20. Sammy Dale Beitzel (2005)

    On May 12, 2005, the United States Bankruptcy Administrator (the "Bankruptcy Administrator") filed a motion to dismiss the Chapter 7 bankruptcy case of Sammy Dale Beitzel (the "Debtor") for substantial abuse of the Bankruptcy Code under Section 707(b). The Court held a hearing on this matter on September 30, 2005. Robyn C. Whitman appeared on behalf of the Bankruptcy Administrator, and Richard Jackson appeared on behalf of the Debtor. After consideration of the motion to dismiss, the evidence [...]

    Court: Bankruptcy Court for the Middle District of North Carolina Docket: 05-51078

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