Bankruptcy Court for the Western District of North Carolina Court Cases

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  1. In Re Tate (2000)

    This matter came on for hearing before the undersigned on May 18, 2000, upon the parties' cross motions for summary judgment. Based on that hearing and the official Court file, the Court grants in part and denies in part each motion, as discussed more fully below.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy Nos. 97-32126, 97-32344, Adversary Nos. 97-3725, 97-3724
  2. In Re Carrigan (1989)

    This matter is before the court on the debtor's Motion for Sanctions against a creditor of the debtor, Cleo Screws (hereinafter "Screws"). From the testimony presented and the record, the court finds and concludes that Screws willfully violated the automatic stay of 11 U.S.C. § 362(a) and that his conduct merits sanctions pursuant to 11 U.S.C. § 362(h).


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-89-30038
  3. In Re Morris Communications NC Inc. (1987)

    THIS MATTER coming on to be heard and being heard before the undersigned Judge Presiding over the United States Bankruptcy Court for the Western District of North Carolina on June 3-5, 1987 for a bench trial on the complaint of Langdon M. Cooper, Trustee in Bankruptcy for Morris Communications NC, Inc., Debtor, seeking to avoid under Section 548 of the United States Bankruptcy Code a certain transfer of stock made to the defendant Ashley Communications, Inc.; and the plaintiff Trustee being [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-85-00365, Adv. P. No. 85-0177
  4. Angel Danielle Siler (2010)

    Siler is an unmarried IT Specialist who filed a Chapter 7 bankruptcy petition in this Court on November 20, 2009. Under her Form 22A "Means Test," Siler reports a current monthly income ("CMI") (as defined in 11 U.S.C. § 101(10A)) of $4,887.80 and an annualized CMI of $58,653.60. Because the latter sum exceeded the applicable median family income ($38,794 per year for a North Carolina Household size of 1), Siler was required to complete the second part of Form 22A.[1]


    Court: Bankruptcy Court for the Western District of North Carolina Docket: 09-33227
  5. In Re Bryant (1984)

    This matter came before the Court on its own Order to the Debtor to appear and show cause, if there by any, why this proceeding should not be dismissed pursuant to the substantial abuse provisions of 11 U.S.C. § 707(b). The Debtor appeared by Joseph Henninger, Jr., Esq. Keith Johnson, Esq., appeared as Trustee and Attorney for the Trustee.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-84-00636
  6. In Re White (1985)

    THIS MATTER coming before the Court on its own Order to the Debtor to appear and to show cause, if there be any, why this proceeding should not be dismissed pursuant to the substantial abuse provisions of 11 U.S.C. § 707(b).


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. ST-B-85-00019
  7. Glenda B Wall (2007)

    This matter is before the court on a creditor's Objection to Confirmation of the debtors' Chapter 13 Plan. That Plan proposes to bifurcate the creditor's secured claim in the debtors' recently purchased car because as part of the purchase, the creditor financed the "negative equity" in the debtors' trade-in vehicle. The court has concluded that the creditor has a purchase money security interest in the debtors' car that is protected from modification by 11 U.S.C. § 1325(a). Consequently, the [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: 07-50204
  8. In Re Keziah (1985)

    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:


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-84-0687
  9. In Re Withrow (1988)

    This matter is before the court on the debtor's motion for § 362(h) sanctions against Citibank (South Dakota) NA (hereinafter "Citibank"). For the reasons set forth below, the court finds that sanctions should be assessed.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-87-00861
  10. In Re Starnes (1993)

    This matter came before the court on the Motion of the United States to Dismiss plaintiff's adversary proceeding pursuant to Bankruptcy Rule 7012 and Fed.R.Civ. Pro. 12(b)(1) for lack of subject matter jurisdiction. On June 17, 1993 the court heard the parties' oral arguments on the motion. At the conclusion of the hearing, the court took the defendant's motion under advisement. After carefully considering the evidence in the record and the arguments of counsel, the court is of the opinion that [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. 92-31893, Adv. No. 93-3115
  11. In Re Smith (1982)

    This cause coming on to be heard and being heard on June 1, 1982 and it appearing that the only parties who have appeared in this adversary proceeding are the plaintiff and defendants Home Federal Savings and Loan Association, George B. Thomasson, Trustee, and B.D.F. Construction Company, Inc. The parties have stipulated to and the Court makes the following:


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. SH-B-82-13, Adv. No. 82-467
  12. Thomas C. Herbert (2008)

    This matter is before the court on the Motion to Dismiss filed by the Bankruptcy Administrator ("BA"). The sole issue presented by the BA's motion is the definition of the phrase "household size" as it is used on Form B22A. Having considered the pleadings and the arguments of counsel, the court denies the BA's Motion to Dismiss and finds that the debtor may claim a household size of 11 on Form B22A.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: 08-10232
  13. In Re Haan (1988)

    This matter is before the court on the debtors' motion for sanctions against Ford Motor Credit Company and Gilbert J. Scarlett, III, for violating the automatic stay by repossessing the debtors' truck. The court has concluded that no injury and no willful violation of § 362 occurred here. Consequently, the debtors' motion must be denied.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. A-B-88-20437
  14. In Re DeWeese (1985)

    THIS MATTER COMING ON TO BE HEARD AND BEING HEARD before the undersigned Bankruptcy Judge presiding at the December 18, 1984 session of the United States Bankruptcy Court for the Western District of North Carolina, at Asheville, North Carolina, for the trial of the subject adversary proceeding, and, IT APPEARING that the Plaintiff, David G. Gray, Trustee, was represented by his counsel of record, David G. Gray; that the Debtor was represented by Henry E. Teich; that the United States of America [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. A-B-83-286, Adv. No. 84-0255
  15. William Bernard White (2008)

    This matter is before the court on the debtor's Motion to Modify Chapter 13 Plan to Remove Debts. In his motion, the debtor seeks to reduce his monthly Plan payment and to shorten the term of his payments to less than sixty months. The debtor's motion raises the issue of whether a Chapter 13 Plan that, at the outset, was required to run for 60 months may be modified after confirmation for a shorter commitment period. In addition, the court must determine whether the debtor is bound by the [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: 07-30899
  16. In Re Peterson (2003)

    This matter is before the court on the "Motion for Sanctions Filed by the Debtor Arising Out of Violations of the Automatic Stay Provided for by Section 362 of Title 11 of the United States Code." The motion seeks sanctions against creditor Chevy Chase Bank for violation of 11 U.S.C. § 362, and three other federal and state statutes. The court has concluded that there is no merit to the motion and that it should be denied. Further, the court has concluded that maintenance of the claim for [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: 01-40379
  17. In Re Shealy (1988)

    This matter is before the court on the debtors' motion for sanctions pursuant to § 362(h) against the South Carolina Tax Commission (the "Commission"). The court has concluded that the motion should be granted and that the debtors are entitled to actual damages of $2,000.00 and reasonable attorney's fees (to be determined upon separate petition), but that no punitive damages are merited in this case. The bases for this conclusion follow:


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-86-0912
  18. Matter of Stephens (1981)

    1. Charles Randall Stephens acquired certain real property described as 6449 Williams Road, Charlotte, North Carolina, which is the subject matter of the adversary proceeding, by Deed dated August 31, 1977, and duly recorded.


    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-81-411, Adv. No. 81-0248
  19. In Re Tatsis (1987)

    THIS CASE came before the Court upon motion of NCNB National Bank (Movant) for reconsideration of an order converting this case from Chapter 13 to Chapter 7. The parties appearing against the motion included the Trustee, the Debtors, and two unsecured creditors, Fadels, Inc. (Fadels) and Ind-Com Electric Company (Ind-Com). Movant presents two issues for determination by the Court. The first of these issues involves the provisions of Code Section 1307(b). Do the Debtors have a right under this [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. C-B-86-585
  20. In Re Summit Place, LLC (2002)

    This matter is before the court on the bench trial of the Chapter 7 Trustee's Complaint against secured loan creditor, Mortgage Miracles, Inc., ("Mortgage Miracles") seeking: (1) avoidance of Mortgage Miracles' deed of trust on the debtor's real property pursuant to 11 U.S.C. § 548; (2) relief for unfair and deceptive trade practices pursuant to N.C. Gen.Stat. § 75-1 et seq.; and (3) relief for usury pursuant to N.C. Gen.Stat. § 1 24-10.1. After hearing the evidence presented and considering [...]

    Court: Bankruptcy Court for the Western District of North Carolina Docket: Bankruptcy No. 01-10562, Adversary No. 01-1026

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