United States Bankruptcy Court, Middle District of North Carolina |
- In re Nieves (Case No. 03-82868) - 03/22/04 by Judge Stocks (Unpublished)
Comments: whether sale proceeds can be paid back to the trustee after property has been abandoned- In re Smith (Case No. 06-50738) - 10/06/08 by Judge Waldrep (Unpublished)
Comments: discussion of authority under Rule 60(b) and §554(c) to revoke the abandonment of property
- In re Century Forest Products, Inc. (Case No. 09-10016, AP No. 09-02078) - 12/15/09 by Judge Aron (Unpublished)
Comments: denying motion for default judgment and abstaining- In re Freeway Foods of Greensboro, Inc. (Case No. 10-11282, AP No. 10-2057) - 05/24/11 by Judge Waldrep (Published)
Comments: plaintiff filed a motion for remand, or, in the alternative, for mandatory abstention, or, in further alternative, permissive abstention; motions denied- In re Griffin Services, Inc. (Case No. 01-52373, AP No. 02-6026) - 08/29/02 by Judge Aron (Unpublished)
Comments: §1334(c)(2)- In re Lo'r Decks at Calico Jacks, LLC (AP No. 10-2004) - 03/18/10 by Judge Stocks (Unpublished)
Comments: motion to abstain and remand granted in part; also motion to change venue granted in part- In re Pluma, Inc. (Case No. 99-11104, AP No. 00-2078) - 09/15/00 by Judge Stocks (Unpublished)
Comments: motion to abstain and remand- In re Tek-Wall, Inc. (Case No. 10-82196, AP No. 11-9023) - 06/03/11 by Judge Aron (Unpublished)
Comments: motion to remand granted
- In re B.B. Walker Company (Case No. 02-10091) - 11/25/02 by Judge Stocks (Unpublished)
Comments: motion for leave to file administrative expense claim denied- In re Davis (Case No. 96-51648) - 04/04/02 by Judge Stocks (Unpublished)
Comments: storage costs for property inherited by the female debtor- In re E-Z Serve Convenience Stores, Inc. et al., (Case No. 02-83138) - 05/14/03 by Judge Aron (Unpublished)
Comments: rejected lease and status of real estate taxes due post-petition and pre-rejection- In re Famco, Inc. (Case No. 99-51952) - 04/02/01 by Judge Stocks (Unpublished)
Comments: burden of proof for an administrative expense claim- In re Four Seasons Apparel Company (Case No. 00-10278) - 09/15/00 by Judge Aron (Unpublished)
Comments: §503(b)(1)(A)- In re Nomus -American, Inc. (Case No. 01-50255) - 02/08/02 by Judge Aron (Unpublished)
Comments: §503(b)(1)(A)- In re The Boling Group, L.L.C. (Case No. 01-81304) - 12/13/02 by Judge Stocks (Unpublished)
Comments: coa claim by insurance company
- In re DeCoro USA, Ltd., (Case No. 09-10846, AP 09-2046) - 03/23/12 by Judge Stocks (Unpublished)
Comments: motion to amend complaint and rejoin party granted except for allegations contained in one count of the amended complaint- In re Southeastern Materials, Inc. (Case No. 09-52606, AP Nos. 11-6035 & 11-6037) - 05/24/12 by Judge Waldrep (Unpublished)
Comments: motion to amend complaint to add preference claim; motion granted and amendment relates back to the date of the original complaint- In re Understanding Corporation (Case No. 08-81398, AP No. 09-9014) - 11/19/09 by Judge Waldrep (Unpublished)
Comments: motion to amend scheduling order and for temporary stay and motion to amend complaint denied
- In re Azalea Garden Board and Care, Inc. (Case No. 97-50365) - 09/13/00 by Judge Stocks (Unpublished)
Comments: recovery of bond posted for stay pending appeal- In re Convenience USA, et al. (Case No. 01-81478) - 03/06/03 by Judge Stocks (Published)
Comments: memorandum opinion re: denial of motion for stay pending appeal- In re Heinze (Case No. 02-83050) - 09/02/08 by Judge Stocks (Unpublished)
Comments: objection to sale overruled; no stay pending appeal was sought- In re MAC Panel Company (Case No. 98-10952) - 03/08/00 by Judge Stocks (Unpublished)
Comments: motion for stay pending appeal denied- In re Mann (Case No. 09-80494) - 11/20/09 by Judge Stocks (Unpublished)
Comments: movant requests extension of time for filing the statement of issues and designation of items to be included in the appeal- In re Roasters Corporation (Case No. 98-80704) - 03/14/00 by Judge Stocks (Unpublished)
Comments: motion to extend time to file notice of appeal
- In re E-Z Serve Convenience Stores, Inc. (Case No. 02-83138, AP No. 03-9013) - 07/02/03 by Judge Aron (Unpublished)
Comments: defendant sought to enforce arbitration clause- In re Inter-Act Electronics, Inc. (Case No. 02-11557, AP No. 03-2035) - 03/30/04 by Judge Stocks (Unpublished)
Comments: defendant sought to enforce arbitration clause- In re Piedmont Engineers of the Carolinas, P.C., (Case No. 07-10315, AP No 08-2009) - 07/28/08 by Judge Stocks (Unpublished)
Comments: defendant sought to enforce arbitration clause
- In re Buildnet, Inc. (Case No. 01-82293) - 09/20/02 by Judge Aron (Unpublished)
Comments: debtor attempting to assume and assign license agreements- In re Convenience USA, Inc., et al. (Cases No. 01-81478 through 01-81489) - 02/12/02 by Judge Stocks (Unpublished)
Comments: analysis of whether lease is divisible- In re E-Z Serve Convenience Stores Inc., et al (Case No 02-83138) - 02/24/03 by Judge Aron (Published)
Comments: proposed assumption, assignment and sale of lease that includes a right of first refusal for the landlord- In re Raczkowski (Case No. 01-80140) - 02/13/02 by Judge Stocks (Unpublished)
Comments: attempted assumption of non-residential real property lease- In re Southeastern Materials, Inc. (Case No. 09-52606) - 07/15/10 by Judge Waldrep (Published)
Comments: determination of whether contractual relationship was a true lease or disguised security interest
- In re A & N Lumber Co. (Case No. 00-11263) - 02/13/01 by Judge Aron (Published)
Comments: filing of erroneous financing statement- In re ACA Real Estate LLC (Case No. 08-51055) - 11/12/08 by Judge Stocks (Unpublished)
Comments: single asset real estate - §363(d)(3)- In re Allred (Case No. 03-11315) - 02/26/04 by Judge Stocks (Unpublished)
Comments: motion for relief granted to allow state court action to proceed, but stay still in effect with respect to enforcement of any judgement that might be obtained- In re Ball (Case No. 05-14523) - 01/25/06 by Judge Waldrep (Published)
Comments: motion to extend automatic stay granted- In re Beard (Case No. 10-51592) - 03/14/12 by Judge Aron (Unpublished)
Comments: § 362(h) and § 521(a)(2)- In re Blake (Case No. 04-13363) - 03/11/05 by Judge Waldrep (Unpublished)
Comments: sanctions for violation of automatic stay- In re Bostic Construction, Inc. (Case No. 05-11199) - 05/04/05 by Judge Waldrep (Unpublished)
Comments: motion for relief from stay denied because stay did not apply to non-debtor party- In re Bradshaw (Case No. 06-11111) - 02/16/07 by Judge Waldrep (Unpublished)
Comments: order denying motion for relief from stay to pursue action in State Court- In re Brandon (Case No. 06-80439) - 08/29/06 by Judge Aron (Published)
Comments: § 362(c)(3)- In re Calloway (Case No. 10-50531) - 10/28/10 by Judge Aron (Unpublished)
Comments: relief from stay granted- In re Capel (Case No. 05-50213) - 04/04/05 by Judge Aron (Unpublished)
Comments: motion for relief from stay and motion for turnover; analysis of In re Moffett and what constitutes adequate protection- In re Chahal (Case No. 95-10584) - 04/11/00 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Chriscoe (Case No. 03-12584) - 10/31/03 by Judge Stocks (Unpublished)
Comments: motion for relief from stay- In re Cole (Case No. 01-81042) - 07/11/01 by Judge Aron (Unpublished)
Comments: request for attorneys' fees based on §105 & §362 denied- In re Coleman (Case No. 02-81156) - 08/09/02 by Judge Aron (Unpublished)
Comments: motion for sanctions denied- In re Coley (Case No. 03-13234) - 01/02/04 by Judge Stocks (Unpublished)
Comments: motion for sanctions denied- In re Collins (Case No. 02-50737) - 06/21/02 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Cooper (Case No. 10-11701) - 01/19/11 by Judge Stocks (Unpublished)
Comments: motion for sanctions against IRS denied; debtor failed to pursue administrative remedies prior to filing motion- In re Corbett (Case No. 12-80054) - 02/16/12 by Judge Stocks (Unpublished)
Comments: motion to implement the stay denied- In re Cotten (Case No. 00-82245) - 02/20/01 by Judge Aron (Unpublished)
Comments: motion for relief from stay- In re Craker (Case No. 05-54201) - 02/14/06 by Judge Aron (Published)
Comments: confirmation that automatic stay terminated pursuant to § 362(h)- In re Deep River Warehouse, Inc., (Case No. 04-52749) - 03/14/05 by Judge Waldrep (Unpublished)
Comments: motion for relief from stay- In re Diaz (Case No. 03-14091) - 02/11/04 by Judge Stocks (Unpublished)
Comments: motion for relief from stay- In re Dillard (Case No. 00-11636) - 08/23/00 by Judge Stocks (Unpublished)
Comments: debtor filed after upset bid period expired and seeks to cure default- In re Dillard (Case No. 01-10439) - 04/17/01 by Judge Stocks (Unpublished)
Comments: motion for sanctions denied- In re Duncan (Case No. 01-81741) - 04/02/02 by Judge Aron (Unpublished)
Comments: request for attorneys' fees denied- In re Dye (Case No. 03-12516) - 10/05/04 by Judge Stocks (Unpublished)
Comments: motion for relief from stay related to property divided by an equitable distribution order- In re Ellis (Case No. 99-51589) - 10/04/00 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Evans (Case No. 11-80123) - 04/11/11 by Judge Aron (Unpublished)
Comments: motion to lift stay denied; matured reverse mortgage could be paid in plan- In re Folger (07-51447) - 10/16/07 by Judge Waldrep (Unpublished)
Comments: §362(c)(3) - order denying motion to extend stay- In re Friday (Case No. 07-11734) - 12/12/07 by Judge Stocks (Unpublished)
Comments: debtor seeking to enjoin the padlocking of his apartment pursuant to a judgment obtained by the landlord pre-petition - §362(b)(22)- In re Garner (Case No. 09-81998) - 03/09/10 by Judge Aron (Unpublished)
Comments: motion for sanctions granted- In re Graham (Case No. 02-51191) - 08/05/02 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Havner (Case No. 05-14505) - 01/04/06 by Judge Waldrep (Published)
Comments: motion to extend automatic stay denied- In re Hogan (Case No. 04-12336) - 10/18/04 by Judge Stocks (Unpublished)
Comments: motion for relief from stay to pursue state court action denied- In re Holt (case No. 04-13584) - 06/03/05 by Judge Stocks (Unpublished)
Comments: upset bid period expired prior to filing of petition; debtor sought to maintain possession and cure arrearage pursuant to the terms of the order of confirmation- In re Johnson (Case No. 04-82907) - 12/03/04 by Judge Aron (Unpublished)
Comments: motion for relief from stay- In re Jones (Case No. 06-51316) - 11/16/06 by Judge Aron (Unpublished)
Comments: motion to impose stay denied- In re Jones (Case No. 99-81173) - 09/15/00 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Joyner (Case No. 08-81507) - 05/19/09 by Judge Stocks (Unpublished)
Comments: motion for relief granted to allow state court action to proceed- In re Kitts (Case No. 03-51284) - 09/16/03 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Linville (Case No. 04-52886) - 02/01/05 by Judge Waldrep (Unpublished)
Comments: stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate- In re Livengood (Case No. 02-51426) - 07/16/02 by Judge Aron (Unpublished)
Comments: motion for sanctions denied- In re LOG, LLC, (Case No. 10-80378) - 11/09/10 by Judge Waldrep (Unpublished)
Comments: motion for sanctions for violation of the stay denied; discussion of §362(a)(1) and §362(a)(6) and whether the stay applies to actions against guarantors or property owned by guarantors- In re Mann (Case No. 03-82973) - 03/08/04 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re McCallum (Case No. 11-10326) - 04/01/11 by Judge Stocks (Unpublished)
Comments: motion for relief from stay denied as moot; motion to impose the stay and debtors request for an order setting aside the deed from the foreclosure trustee also discussed- In re McClamrock (Case No. 03-59006) - 07/21/03 by Judge Aron (Unpublished)
Comments: contract found to be modified; motion for relief from stay denied- In re McCree (Case No. 98-51230) - 04/09/01 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Messer (Case No. 96-50617) - 11/22/00 by Judge Aron (Unpublished)
Comments: effect of pre-petition judgment on post-petition inheritance- In re Miller Brothers Lumber Company, Inc. (Case No. 11-51405) - 05/08/12 by Judge Waldrep (Unpublished)
Comments: motion for relief from stay denied; bank failed to file a UCC-3 continuation statement when the original financing statement expired post-petition- In re Montague (Case No. 09-11026) - 12/11/09 by Judge Stocks (Unpublished)
Comments: motion for relief granted to allow state court action to proceed, but stay still in effect with respect to enforcement of any judgement that might be obtained- In re Niegro (Case No. 99-12348) - 03/02/00 by Judge Stocks (Unpublished)
Comments: sanctions for continued violations- In re Niegro (Case No. 99-12348) - 01/03/00 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Nifong (Case No. 08-80034) - 05/27/08 by Judge Stocks (Unpublished)
Comments: motion for relief granted to allow civil action pending in the U.S. District Court to proceed- In re Pelletier (Case No. 00-81949) - 09/07/00 by Judge Aron (Unpublished)
Comments: motion to annul the automatic stay- In re Perry (Case No. 04-80461) - 06/03/04 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Phillips (Case No. 10-51052) - 10/05/10 by Judge Aron (Published)
Comments: administrative hold on bank account not a violation of the stay- In re Pinkney (Case No. 00-52385) - 03/08/02 by Judge Aron (Unpublished)
Comments: exception for proceedings to enforce police or regulatory powers- In re Preston (Case No. 05-81576) - 10/04/05 by Judge Stocks (Published)
Comments: motion for sanctions denied- In re Roberts (Case No. 01-81072) - 08/01/01 by Judge Aron (Unpublished)
Comments: motion for relief to obtain summary enforcement of a pre-petition settlement agreement; debt limits for Chapter 13 also discussed- In re Rogers (Case No. 08-10426) - 06/17/09 by Judge Stocks (Unpublished)
Comments: motion for relief from stay to initiate state court proceedings to establish ownership of mobile home denied- In re Sands (Case No. 10-12205) - 04/01/11 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Sarver (Case No. 10-81039) - 09/01/10 by Judge Stocks (Unpublished)
Comments: petition filed at 5:01 on the last day of the upset bid period- In re Sauls (Case No. 12-80094) - 04/11/12 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay; compensatory and punitive damages awarded- In re Sawyer (Case No. 01-13639) - 04/02/02 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Shoe (Case No. 01-51841) - 07/17/02 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay and discharge injunction- In re Siddon (Case No. 08-11320) - 09/16/08 by Judge Stocks (Unpublished)
Comments: motion to impose automatic stay denied - §362(b)(22) and §362(l) discussed- In re Tedesco (Case No. 00-10637) - 04/24/00 by Judge Stocks (Unpublished)
Comments: stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate- In re Threatt (Case No. 04-82082) - 12/15/04 by Judge Stocks (Unpublished)
Comments: motion for relief from stay re: debtor's residence which is owned by her non-debtor spouse- In re Vaughn (Case No. 00-52107) - 04/20/01 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay- In re Vogler (Case No. 09-11489) - 11/25/09 by Judge Stocks (Unpublished)
Comments: question as to whether the movant made a sufficient showing of a transfer of a note and deed of trust to have standing- In re Walters (Case No. 03-12446) - 10/20/03 by Judge Stocks (Unpublished)
Comments: movant seeking to pursue proceedings to evict debtor from commercial property- In re Ware (Case No. 02-12262) - 04/24/03 by Judge Stocks (Unpublished)
Comments: sanctions for violation of automatic stay- In re Wellington (Case No. 00-81391) - 11/07/00 by Judge Aron (Unpublished)
Comments: debtor filed after upset bid period expired- In re Young (Case No. 98-51142) - 06/21/00 by Judge Aron (Unpublished)
Comments: sanctions for violation of automatic stay
- In re Crink (Case No. 08-10824) - 07/31/08 by Judge Stocks (Unpublished)
Comments: motion to set new time period for determining CMI- In re Moose (Case No. 11-51816) - 03/20/12 by Judge Aron (Unpublished)
Comments: CSRS benefits must be included as part of CMI- In re Morrison (Case No. 10-10365) - 01/10/11 by Judge Waldrep (Published)
Comments: determination of household size:- In re Shelor (Case No. 08-80738) - 09/23/08 by Judge Stocks (Unpublished)
Comments: motion to set new time period for determining CMI- In re Woodard (Case No. 09-10201) - 06/10/09 by Judge Waldrep (Unpublished)
Comments: determination of whether the debtors' secured debts are consumer debts
- In re Deep River Warehouse, Inc. (Case No. 04-52749) - 09/22/05 by Judge Waldrep (Unpublished)
Comments: improper classification of unsecured claims - confirmation denied- In re Leroy C. Smith & In re Louise M. Smith (Case Nos. 03-10992 & 04-10633) - 12/11/06 by Judge Stocks (Published)
Comments: confirmation denied; cases dismissed- In re Leroy Smith & In re Louise Smith (Case Nos. 03-10992 & 04-10633) - 11/09/05 by Judge Stocks (Unpublished)
Comments: feasibility- In re MAC Panel Company (Case No. 98-10952) - 02/24/00 by Judge Stocks (Unpublished)
Comments: second amended plan or reorganization confirmed- In re Renegade Holdings, Inc., Alternative Brands, Inc., & Renegade Tobacco Co. (Case Nos. 09-5140, 09-50141, & 09-50143) - 07/13/10 by Judge Stocks (Unpublished)
Comments: debtors failed to comply with §1129(a)(2); motion for new hearing on confirmation granted- In re SV/Home Office, Inc. et al (Case No. 01-52701) - 05/19/03 by Judge Stocks (Unpublished)
Comments: attempted cram down - confirmation denied- In re Trimm, Inc. (Case No. 97-16637) - 02/17/00 by Judge Aron (Unpublished)
Comments: proposed plan failed to meet the requirements of §1129(a)(3) & (a)(7)
- In re Hughes (Case No. 06-80219) - 09/11/06 by Judge Aron (Unpublished)
Comments: confirmation of Chapter 12 plan denied
- In re Allred (Case No. 03-11641) - 11/28/03 by Judge Stocks (Unpublished)
Comments: proposed modification because of wrecked vehicle- In re Alston (Case No. 06-80801) - 10/30/06 by Judge Aron (Published)
Comments: confirmation of plan denied- In re Barr (Case No. 05-14532) - 04/05/06 by Judge Stocks (Published)
Comments: 0% plan confirmed- In re Bowles (Case No. 08-50065) - 08/20/09 by Judge Waldrep (Unpublished)
Comments: modification of plan allowed due to substantial and unanticipated change in circumstances- In re Bradsher (Case No. 09-80942) - 02/17/10 by Judge Stocks (Published)
Comments: objection to confirmation based on the anti-modification clause in §1322(b)(2) overruled- In re Cauthen (Case No. 06-11092) - 05/31/07 by Judge Waldrep (Unpublished)
Comments: confirmation of proposed plan denied; bad faith- In re Chanthaleukay (Case No. 09-11796) - 01/07/10 by Judge Stocks (Unpublished)
Comments: confirmation of plan denied; plan not proposed in good faith- In re Clayton (Case No. 00-81622) - 12/04/00 by Judge Aron (Unpublished)
Comments: confirmation of proposed plan denied- In re Conyers (Case No. 07-50855) - 11/02/07 by Judge Aron (Published)
Comments: confirmation of plan denied; discussion of claim for financing of- In re Crews (Case No. 06-10422) - 12/22/06 by Judge Stocks (Unpublished)
Comments: chapter 13 debtor not required to have a car payment to claim the ownership allowance for purposes of computing disposable income under section 1325(b)(2)- In re Crittendon (Case No. 06-10322) - 09/01/06 by Judge Stocks (Unpublished)
Comments: calculation of net disposable income when property is being released- In re Enright (Case No. 06-10747) - 03/06/07 by Judge Waldrep (Published)
Comments: objection to confirmation overruled; discussion of transportation ownership allowance- In re Evans (Case No. 10-80446) - 07/28/10 by Judge Stocks (Unpublished)
Comments: determination of interest to be paid to unsecured creditors so that plan may comply with the best-interest-of-creditors test embodied in §1325(a)(4)- In re Foreman (Case No. 06-81434) - 07/07/10 by Judge Aron (Unpublished)
Comments: trustee's motion to deem mortgage account current granted- In re Fuller (Case No. 07-81073) - 11/02/07 by Judge Aron (Unpublished)
Comments: objection to confirmation overruled; discussion of §101(13A) and §1322(b)- In re Gamble (Case No. 11-80131) - 06/15/11 by Judge Aron (Unpublished)
Comments: trustee's objection to confirmation overruled- In re Girodes (Case No. 06-80171) - 09/20/06 by Judge Aron (Published)
Comments: confirmation of plan denied- In re Hayes (Case No. 10-81284) - 01/25/11 by Judge Stocks (Unpublished)
Comments: proposed treatment of secured claim involved modification of the loan pursuant to §1322(b)(2), but plan did not comply with §1322(d); objection to confirmation sustained because plan did not satisfy §1325(a)(1)- In re Heglar (Case No. 09-51077) - 08/31/09 by Judge Waldrep (Unpublished)
Comments: 910 claim issue- determination that vehicle was acquired for personal use; confirmation of plan denied- In re Henderson (Case No. 09-82159) - 01/25/11 by Judge Stocks (Unpublished)
Comments: proposed treatment of secured claim involved modification of the loan pursuant to §1322(b)(2), but plan did not comply with §1322(d); objection to confirmation sustained because plan did not satisfy §1325(a)(1)- In re Hill (Case No. 06-80502) - 02/13/07 by Judge Waldrep (Published)
Comments: confirmation of plan denied; discussion of adequate protection payments and equal monthly payments- In re Hines (Case No. 10-80695) - 01/21/11 by Judge Stocks (Unpublished)
Comments: proposed treatment of secured claim involved modification of the loan pursuant to §1322(b)(2), but plan did not comply with §1322(d); objection to confirmation sustained because plan did not satisfy §1325(a)(1)- In re Hughes (Case No. 04-83682) - 10/28/05 by Judge Stocks (Published)
Comments: whether a creditor who has a security interest in an escrow account is not secured solely by the security interest in the debtor's residence within the meaning of §1322(b)(2)- In re Hughes (Case No. 04-83682) - 06/16/06 by Judge Stocks (Unpublished)
Comments: objection to confirmation - §1325(a)(5)- In re Johnson (Case No. 05-14449) - 02/02/06 by Judge Waldrep (Published)
Comments: determination of whether a debtor can strip down the lien of a secured creditor under the terms of §1325(a)(9) when the collateral is a motor vehicle purchased by the debtor for personal use within 910 days of the filing date of the petition- In re Johnson (Case No. 06-10674) - 10/06/06 by Judge Stocks (Unpublished)
Comments: disposable income issue - dispute over computation of transportation costs in the B22C- In re Johnson (Case No. 07-51275) - 02/27/08 by Judge Waldrep (Published)
Comments: confirmation of plan denied; §523(a)(5) discussed- In re Jones (Case No. 03-51675) - 10/14/03 by Judge Aron (Unpublished)
Comments: objection to confirmation- In re Martin (Case No. 10-81271) - 01/26/11 by Judge Aron (Published)
Comments: modification of mortgage as proposed in Ch 13 plan did not comply with § 1325- In re Mazzarella (Case No. 10-81189) - 11/01/10 by Judge Aron (Unpublished)
Comments: Chapter 13 plan confirmation denied pursuant to § 1325(a)(3)- In re McNeill (Case No. 05-82077) - 05/12/06 by Judge Aron (Unpublished)
Comments: confirmation of proposed plan denied- In re Melara (Case No. 10-51385) - 02/04/11 by Judge Aron (Published)
Comments: valuation of property for purposes of Ch 13 plan- In re Miller (Case No. 99-81339) - 04/19/02 by Judge Aron (Unpublished)
Comments: proposed modification of plan to surrender collateral- In re Montgomery (Case No. 07-51781) - 03/04/08 by Judge Aron (Unpublished)
Comments: motion to strike Schedule I and determine CMI granted- In re Moore (Case No. 02-52271) - 04/11/03 by Judge Aron (Unpublished)
Comments: objection to valuation of property listed in plan- In re Moore (Case No. 07-11528) - 04/02/08 by Judge Stocks (Unpublished)
Comments: objection to confirmation overruled; discussion of §1325(b) and §707(b)(2)(A)- In re Nunnery (Case No. 80267) - 08/17/11 by Judge Aron (Unpublished)
Comments: Debtor with only equitable ownership interest in property could cram down secured claim in Ch 13 plan- In re Parker (Case No. 08-81819) - 04/28/09 by Judge Stocks (Unpublished)
Comments: discussion of disposable income and good faith issues- In re Pegues (Case No. 99-10967) - 02/17/00 by Judge Stocks (Unpublished)
Comments: determining value of property for potential cram down- In re Reid (Case No. 06-50147) - 07/19/06 by Judge Aron (Unpublished)
Comments: treatment of domestic support obligations- In re Rives (Case No. 05-50750) - 05/04/06 by Judge Waldrep (Unpublished)
Comments: proper timing of valuation of property- In re Scurlock (Case No. 07-81278) - 02/19/08 by Judge Aron (Published)
Comments: trustee's objection to confirmation sustained- In re Sergent (Case No. 99-12084) - 04/21/00 by Judge Stocks (Unpublished)
Comments: objection to valuation of property listed in plan- In re Shaw (Case No. 05-84059) - 05/11/06 by Judge Aron (Published)
Comments: determination of interest rate on 910 claims- In re Simmons (Case No. 04-51304) - 10/05/04 by Judge Aron (Unpublished)
Comments: objection to confirmation by Habitat for Humanity- In re Stanley (Case No. 10-50152) - 08/19/10 by Judge Waldrep (Published)
Comments: plan not proposed in good faith; confirmation denied- In re Thompson (Case No. 03-12574) - 11/24/03 by Judge Stocks (Unpublished)
Comments: confirmation of proposed plan denied- In re Waegner (Case No. 03-84099) - 03/31/04 by Judge Aron (Unpublished)
Comments: objection to confirmation based on §1325(a)(3)- In re Walker (Case No. 07-11819) - 06/23/08 by Judge Waldrep (Unpublished)
Comments: good faith question relating to a potential 910 claim- In re Walls (Case No. 10-80201) - 06/02/10 by Judge Aron (Unpublished)
Comments: confirmation of Ch 13 plan denied; plan not proposed in good faith- In re Williams (Case No. 80695, AP No. 06-09024) - 01/12/07 by Judge Aron (Unpublished)
Comments: motion to dismiss denied - 1325(a)(5)- In re Wilson (Case No. 07-50382) - 03/03/08 by Judge Waldrep (Published)
Comments: plan confirmed; §1325(b)(1)(B) discussed- In re Young (Case No. 04-53818) - 03/02/07 by Judge Waldrep (Unpublished)
Comments: motion to amend and clarify order amending plan denied
- In re ACA Real Estate LLC (Case No. 08-51055) - 07/14/09 by Judge Stocks (Unpublished)
Comments: determination of postpetition interest rate on an oversecured claim- In re Armstrong Finishing, L.L.C. (Case No. 99-11576) - 05/02/01 by Judge Aron (Unpublished)
Comments: burden of proof for proof of claim- In re Arrowood Mills on NC, Inc. (Case No. 99-52055) - 07/26/00 by Judge Stocks (Unpublished)
Comments: review of lease terms results in objection to claim being sustained- In re BuildNet, Inc. (Case No. 01-82293) - 08/26/03 by Judge Aron (Unpublished)
Comments: motion to consider proofs of claim timely filed- In re BuildNet, Inc. (Case No. 01-82293) - 12/14/04 by Judge Aron (Unpublished)
Comments: order denying motion to compel pursuit of claims or to allow party to derivatively assert claims on behalf of the estate- In re Carolina Acoustical and Flooring, Inc. (Case No. 05-13236, AP No. 07-2032) - 03/03/09 by Judge Stocks (Unpublished)
Comments: determination of whether the defendant is entitled to a complete setoff based upon indeminity provisions contained in the purchase agreement- In re Carolina Acoustical and Flooring, Inc. (Case No. 05-13236, AP No. 07-2032) - 03/03/09 by Judge Stocks (Unpublished)
Comments: discussion of setoff- In re Carolina Acoustical and Flooring, Inc. (Case No. 05-13236, AP No. 07-2032) - 06/10/08 by Judge Stocks (Unpublished)
Comments: motion for summary judgment; discussion of setoff and §553- In re Carrazco (Case No. 02-52925) - 09/26/03 by Judge Aron (Unpublished)
Comments: objection to claim- In re Carter (Case No. 03-80823) - 01/21/04 by Judge Aron (Unpublished)
Comments: §365- In re Clark (Case No. 10-11769) - 02/04/11 by Judge Waldrep (Published)
Comments: objection to claim: equitable distribution award vs. domestic support obligation discussion- In re Convenience USA, Inc., et al (Case No. 01-81478) - 12/09/03 by Judge Stocks (Unpublished)
Comments: restated claims for amounts due for assumption of leases- In re Coppley (Case No. 99-50364) - 02/27/01 by Judge Aron (Unpublished)
Comments: extending time to file deficiency claim- In re Crabtree (Case No. 99-81504) - 07/25/00 by Judge Aron (Unpublished)
Comments: determination of amount of claim after lease terminated- In re DeBerry (Case No. 09-12428) - 04/30/10 by Judge Waldrep (Published)
Comments: objection to claim sustained in part: portion of the claim constitutes a domestic support obligation- In re DeCoro USA, Ltd. (Case. No. 09-10846) - 10/29/10 by Judge Stocks (Unpublished)
Comments: objection to claim of IRS overruled; claim was filed in this case to preserve an- In re Deep River Warehouse, Inc. (Case No. 04-52749) - 06/22/05 by Judge Waldrep (Unpublished)
Comments: determination of amount of claim- In re Denny (Case No. 01-81440) - 01/02/03 by Judge Stocks (Unpublished)
Comments: tardily filed claim- In re Denny (Case No. 01-81440) - 10/16/02 by Judge Stocks (Published)
Comments: creditor seeking to have claim secured by fire insurance proceeds- In re Emerald Green Pension Fund (Case No. 00-11095) - 07/20/01 by Judge Stocks (Unpublished)
Comments: prejudgment interest and court costs- In re Frank (Case No. 01-83748) - 03/02/05 by Judge Stocks (Published)
Comments: objection to proof of claim filed by the IRS- In re Graves (Case No. 00-10622) - 02/15/01 by Judge Stocks (Unpublished)
Comments: informal proof of claim- In re Guillebeaux (Case No. 05-83953) - 02/02/07 by Judge Aron (Published)
Comments: homeowners' association allowed an administrative claim- In re Hodges (Case No. 01-10255) - 02/04/03 by Judge Stocks (Unpublished)
Comments: dispute over amount of arrearage- In re Kittrell (Case No. 11-80985) - 02/03/12 by Judge Stocks (Unpublished)
Comments: determination of whether a claim by HUD is barred by a federal statute of limitations- In re Krak (Case No. 98-52115) - 05/07/01 by Judge Aron (Unpublished)
Comments: insurance proceeds for widowed debtor- In re Lael (Case No. 04-53075) - 08/23/05 by Judge Aron (Unpublished)
Comments: determination of amount of claim for attorney services and costs in relation to several domestic matters- In re Lincoln-Gerard USA, Inc. (Case No. 01-11986) - 07/23/02 by Judge Stocks (Unpublished)
Comments: recoupment- In re Lincoln-Gerard USA, Inc. (Case No. 01-11986) - 06/07/02 by Judge Stocks (Unpublished)
Comments: includes discussion on reconsideration under §502(j)- In re Maples Properties, Inc. (Case No. 04-81593) - 02/06/06 by Judge Stocks (Unpublished)
Comments: trustee objected to multiple claims related to club dues, dining room minimums, and membership fees; motions for summary judgment granted in part, denied in part- In re Maxton Meat Processors Corp., (Case No. 99-12143) - 01/10/00 by Judge Stocks (Unpublished)
Comments: review of lease terms results in objection to claim being sustained- In re Middlesex Certified, Inc. (Case No. 02-82959) - 04/27/04 by Judge Stocks (Unpublished)
Comments: determination of claim based on employment agreement- In re Miller (Case No. 00-13004) - 04/01/04 by Judge Stocks (Unpublished)
Comments: trustee's objection to claim sustained- In re Miller (Case No. 00-51323) - 08/02/01 by Judge Aron (Unpublished)
Comments: burden of proof for proof of claim- In re Mobley (Case No. 08-50255) - 11/04/09 by Judge Aron (Unpublished)
Comments: determination of whether a claim was based on a domestic support obligation- In re Moser (Case No. 98-11766) - 03/27/00 by Judge Aron (Unpublished)
Comments: objection to a tax claim- In re Oxford Health Investors, LLC (Case No. 00-80676) - 06/15/04 by Judge Stocks (Unpublished)
Comments: certain claims deemed tardily filed- In re Patillo (Case No. 11-10172) - 08/08/11 by Judge Stocks (Unpublished)
Comments: claim based on pre-petition default judgment; debtor precluded by res judicata from relitigating the claim; objection to claim overruled- In re Pluma, Inc. (Case No. 99-11104) - 07/24/00 by Judge Stocks (Unpublished)
Comments: reclamation- In re Precision Concepts, Inc. (Case No. 02-51581) - 02/23/04 by Judge Aron (Published)
Comments: objection to tax claim on business personal property- In re Renegade Holdings, Inc. (Case No. 09-50140) - 08/19/11 by Judge Stocks (Unpublished)
Comments: motion to allow late filed proof of claim denied- In re Roasters Corporation (Case No. 98-80704) - 03/07/01 by Judge Stocks (Unpublished)
Comments: preemption by the Copyright Act- In re Rouse (Case No. 07-81834) - 07/31/08 by Judge Aron (Unpublished)
Comments: objection to mortgage claim sustained- In re Saeed (Case No. 10-10303) - 09/17/10 by Judge Waldrep (Unpublished)
Comments: objection to claim sustained; creditor did not provide sufficient notice to debtor of the assessment of attorneys' fee pursuant to N.C. Gen. Stat. §45-91(1)- In re Scott (Case No. 00-10993) - 09/24/01 by Judge Stocks (Unpublished)
Comments: informal proof of claim- In re Smith and Sons Paving Co. (Case No. 04-51504) - 10/31/05 by Judge Stocks (Published)
Comments: dispute over whether a release in a settlement covered a particular claim- In re Surles (Case No. 01-13070) - 05/01/03 by Judge Stocks (Unpublished)
- In re Thorne (Case No. 08-80022) - 06/11/08 by Judge Aron (Unpublished)
Comments: application for administrative expense claim denied- In re Trent (Case No. 04-53296, AP No. 06-6024) - 03/02/07 by Judge Waldrep (Unpublished)
Comments: plaintiff sought to have proof of claim declared invalid- In re Utility Craft, Inc. (Case No. 06-10816) - 12/29/08 by Judge Aron (Unpublished)
Comments: objection to claim relating to 507(a)(7)- In re W. Wayne Transportation, Inc. (Case No. 00-10028) - 10/05/01 by Judge Stocks (Unpublished)
Comments: determination of whether claimants were employees or independent contractors- In re Waterloo (Case No. 00-51639) - 09/13/01 by Judge Aron (Unpublished)
Comments: §507(a)(7)- In re Wright (Case No. 09-10167) - 10/22/10 by Judge Stocks (Published)
Comments: objection to the interest portion of a domestic support obligation claim- In re Wysong and Miles Company (Case No. 04-10005) - 12/29/05 by Judge Stocks (Unpublished)
Comments: claimant alleged Debtor is liable for personal injuries suffered at work; objection to claim sustained
- In re Daniels (Case No. 02-82083) - 03/13/03 by Judge Aron (Unpublished)
Comments: motion for relief from co-debtor stay denied- In re Hughes (Case No. 05-80389) - 05/02/05 by Judge Aron (Unpublished)
Comments: order directing creditor to refrain from contacting co-debtor- In re Sheets (Case No. 00-50505) - 05/08/01 by Judge Aron (Unpublished)
Comments: motion for sanctions denied
- In re Emerald Green Pension Fund (Case No. 00-11095) - 07/17/00 by Judge Stocks (Unpublished)
Comments: Chapter 11 case converted to Chapter 7- In re Godwin (Case No. 06-50150) - 11/21/07 by Judge Waldrep (Unpublished)
Comments: motion to convert from Chapter 7 to Chapter 13 granted- In re Goines (Case No. 07-50812) - 11/13/07 by Judge Waldrep (Published)
Comments: motion to convert from Chapter 7 to Chapter 13 denied- In re Messer (Case No. 96-50617) - 11/22/00 by Judge Aron (Unpublished)
Comments: bad faith- In re Offer (Case No. 05-14122) - 02/27/06 by Judge Stocks (Unpublished)
Comments: debtor filed a motion to convert and a motion to dismiss; motions denied- In re Salisbury (Case No. 99-10431) - 11/21/00 by Judge Stocks (Unpublished)
Comments: distribution of funds held by Ch. 13 Trustee upon conversion of case to Ch. 7- In re Shawver (Case No. 00-11096) - 07/17/00 by Judge Stocks (Unpublished)
Comments: §1112(b)- In re Southern (Case No. 10-50713) - 03/30/11 by Judge Aron (Unpublished)
Comments: motion to convert from Ch 7 to Ch 13 denied
- In re Vendsouth, Inc. (Case No. 00-10112) - 06/19/00 by Judge Stocks (Unpublished)
Comments: motion for appointment of committee denied
- In re Frisby Technologies, Inc. (Case No. 03-50158, AP No. 03-6090) - 09/15/03 by Judge Aron (Unpublished)
Comments: motion to set aside entry of default- In re Johnson (Case No. 02-59011, AP No. 02-6055) - 12/13/02 by Judge Aron (Unpublished)
Comments: motion to set aside entry of default
- In re DeCoro USA, Ltd. (Case. No. 09-10846, AP No. 09-2055) - 09/02/10 by Judge Stocks (Unpublished)
Comments: motion to set aside default judgment due to excusable neglect- In re Johnson (Case No. 05-10983, AP No. 05-2103) - 01/30/06 by Judge Waldrep (Published)
Comments: motion to set aside entry of default and default judgment- In re Kmiec (Case No. 04-80003, AP No. 04-9013) - 10/21/04 by Judge Stocks (Unpublished)
Comments: motion for default judgment continied indefinitely pending outcome of state court action- In re Strickland (Case No. 03-12672, AP No. 04-2004) - 05/16/05 by Judge Stocks (Unpublished)
Comments: motion for default judgment denied
- In re Abdelaziz (Case No. 10-51257, AP No. 11-6017) - 02/01/12 by Judge Waldrep (Unpublished)
Comments: §727(a)(2) -transfer of assets of the estate with an intent to hinder, delay, or defraud an officer of the estate; discharge denied- In re Adams (Case No. 02-82729, AP No. 02-9038) - 07/12/04 by Judge Stocks (Published)
Comments: §523(a)(2)(B)- In re Anderson (Case No. 03-13586, AP No. 04-2070) - 02/13/06 by Judge Stocks (Unpublished)
Comments: discharge denied pursuant to §727(a)(3) and (4)- In re Arnold (Case No. 07-11543, AP No. 08-2004) - 12/30/09 by Judge Waldrep (Unpublished)
Comments: discharge denied pursuant to §727(a)(2)- In re Barnette (Case No. 00-80450, AP No. 01-9002) - 07/08/02 by Judge Stocks (Unpublished)
Comments: discharge denied pursuant to §727(a)(4)(A)- In re Boles (Case No. 03-53196, AP No. 04-6027) - 04/11/05 by Judge Stocks (Unpublished)
Comments: §523(a)(2)(A)- In re Bristow (Case No. 04-80235, AP No. 04-6025) - 04/22/05 by Judge Aron (Unpublished)
Comments: §523(a)(5)- In re Brookshire (Case No. 05-51091, AP No. 05-6022) - 01/10/06 by Judge Aron (Unpublished)
Comments: §523(a)(6) - motion for summary judgment granted- In re Bruce (Case No. 00-50556) - 11/07/00 by Judge Aron (Unpublished)
Comments: sanctions for violation of discharge injunction- In re Carpenter (Case No. 02-53515, AP No. 03-6093) - 10/20/04 by Judge Aron (Unpublished)
Comments: §523(a)(15)- In re Casper (Case No. 10-51047, AP No 10-6048) - 03/13/12 by Judge Aron (Unpublished)
Comments: dischargeability under § 523(a)(2)- In re Chilton (Case No. 02-12415, AP No. 03-2073) - 04/15/04 by Judge Stocks (Unpublished)
Comments: §727(a)(8)- In re Coats (Case No. 01-80880, AP No. 01-9014) - 09/18/02 by Judge Stocks (Unpublished)
Comments: §523(a)(15)- In re Coles (Case No. 02-52908, AP No. 03-6007) - 10/14/03 by Judge Aron (Unpublished)
Comments: cross motions for summary judgment- In re Crum-Jones (Case No. 99-81841) - 11/14/00 by Judge Stocks (Unpublished)
Comments: §523(a)(4)- In re Dalton (Case No. 09-12024) - 01/07/10 by Judge Stocks (Unpublished)
Comments: discharge denied pursuant to §1328(f)- In re Davis (Case No. 02-83408, AP No. 03-9011) - 07/23/03 by Judge Stocks (Unpublished)
Comments: §523(a)(15)- In re DeBerry (Case No. 09-12428, AP No. 10-2055) - 03/21/11 by Judge Waldrep (Unpublished)
Comments: complaint failed to state a claim for which relief may be granted; AP dismissed- In re Faircloth (Case No. 05-54214) - 12/18/06 by Judge Waldrep (Unpublished)
Comments: waiver of requirement that financial management course be completed- In re Fields (Case No. 08-10278, AP No. 08-2038) - 12/02/10 by Judge Stocks (Unpublished)
Comments: discharge denied pursuant to §727(a)(2)- In re Fisher (Case No. 00-10738, AP No. 03-2024) - 08/02/04 by Judge Stocks (Unpublished)
Comments: §523(a)(2)(B)- In re Gallimore (Case No. 00-52225, AP No. 01-6003) - 06/11/02 by Judge Aron (Unpublished)
Comments: §523(a)(15)- In re Gallimore (Case No. 00-52225, AP Nos. 01-6034, 02-6015) - 06/08/04 by Judge Aron (Unpublished)
Comments: revocation of discharge; also includes avoidance of a transfer pursuant to §544- In re Gates (Case No. 01-12392, AP No. 02-2004) - 08/22/03 by Judge Stocks (Unpublished)
Comments: §§727(a)(2) and 727(a)(4)(A)- In re Gordon (Case No. 98-52426, AP No. 99-6036) - 05/08/02 by Judge Aron (Unpublished)
Comments: discharge denied- In re Hambacher (Case No. 04-51991, AP No. 04-6065) - 11/23/05 by Judge Aron (Unpublished)
Comments: loan debt not discharged- In re Harrelson (Case No. 00-12939, AP No. 01-2015) - 02/28/02 by Judge Stocks (Unpublished)
Comments: §523(a)(2)(A)- In re Helms (Case No. 03-51201, AP No. 03-6108) - 09/02/04 by Judge Aron (Unpublished)
Comments: §§523(a)(2)(A), 523(a)(6), 523(a)(11) - cross motions for summary judgment- In re Highfill (Case No. 04-11808, AP No. 04-2102) - 01/23/06 by Judge Stocks (Published)
Comments: §523(a)(15)- In re Hight (Case No. 94-12323) - 02/27/01 by Judge Stocks (Unpublished)
Comments: res judicata effect of state court determination of dischargeability- In re Holmes (Case No. 07-10462, AP No. 08-2035) - 08/28/08 by Judge Waldrep (Published)
Comments: late filed complaint objecting to discharge dismissed- In re Joyce (Case No. 07-50559, AP No. 08-6037) - 06/08/09 by Judge Waldrep (Unpublished)
Comments: complaint seeking revocation of discharge dismissed- In re Loignon (Case No. 02-52484, AP No. 02-6072) - 01/30/04 by Judge Aron (Published)
Comments: §523(a)(2)(A)- In re Longenecker (Case No. 05-10492, AP No. 05-2035) - 07/07/06 by Judge Stocks (Unpublished)
Comments: §523(a)(6)- In re Mack (Case No. 07-80496, AP No. 07-9024) - 09/18/09 by Judge Aron (Unpublished)
Comments: §727(a)(4)(A) - discharge denied- In re Matthess (Case No. 98-12955) - 02/04/00 by Judge Stocks (Unpublished)
Comments: educational loans- In re Merritt (Case No. 99-81948, AP No. 01-9001) - 08/30/01 by Judge Stocks (Unpublished)
Comments: res judicata effect of state court determination of dischargeability- In re Mosko (case No. 04-52834, AP No. 04-6077) - 09/29/05 by Judge Waldrep (Unpublished)
Comments: student loan- In re Mosko (case No. 04-52834, AP No. 04-6077) - 04/07/06 by Judge Waldrep (Unpublished)
Comments: student loan- In re Nickol (Case No. 01-13611, AP No. 02-2009) - 02/24/03 by Judge Stocks (Unpublished)
Comments: §523(a)(4)- In re O'Quinn (Case No. 06-11104, AP No. 07-2007) - 08/09/07 by Judge Waldrep (Published)
Comments: Rule 12(b)(6) motion relating to complaint based on alleged ERISA and COBRA violations and §523(a)(4) and §523(a)(6)- In re O'Quinn (Case No. 06-11104, AP No. 07-2007) - 09/30/10 by Judge Waldrep (Unpublished)
Comments: Tennessee judgment binding on parties through collateral estoppel; all the elements of plaintiff's §523(a)(4) claim were established by virtue of the Tennessee judgment- In re Pepper a/w Pace (Case No. 10-51103, AP No. 10-6058) - 11/02/11 by Judge Waldrep (Unpublished)
Comments: §727(a)(4)(A) - schedules and statements contain materially incorrect information made with the intent to deceive; discharge denied- In re Perkins (Case No. 03-80777, AP No. 03-9075) - 05/20/04 by Judge Stocks (Unpublished)
Comments: student loan - motion for summary judgment granted in part, denied in part- In re Perkins (Case No. 03-80777, AP No. 03-9075) - 12/03/04 by Judge Stocks (Published)
Comments: §523(8)- In re Rountree (Case No. 00-12684, AP No. 01-2003) - 05/01/02 by Judge Stocks (Unpublished)
Comments: §523(a)(6)- In re Smith (Case No. 00-51738, AP No. 01-6013) - 05/03/02 by Judge Aron (Unpublished)
Comments: student loan- In re Smith (Case No. 05-10041, AP No. 05-2079) - 11/16/06 by Judge Waldrep (Unpublished)
Comments: §523(a)(2)(A) and (a)(6)- motion to dismiss and cross motions for summary judgment- In re Venable (Case No. 00-50889, AP No. 00-6044) - 03/26/02 by Judge Aron (Unpublished)
Comments: plaintiff failed to prove fraud or breach of fiduciary duty- In re Watford (Case No. 06-10347, AP No. 06-2049) - 08/09/07 by Judge Waldrep (Published)
Comments: §523(a)(4) and the Perishable Agricultural Commodities Act- In re Watkins (Case No. 05-12066, AP No. 06-2001) - 05/15/07 by Judge Stocks (Unpublished)
Comments: plaintiff sought denial of discharge; §727(a)(4)(A) & §727(a)(5)- In re Wilhelm (Case No. 06-51747) - 06/08/07 by Judge Aron (Published)
Comments: motion to vacate discharge denied
- In re EBW Laser, Inc. (Case No. 05-10220, AP. No. 07-2004) - 06/14/10 by Judge Stocks (Unpublished)
Comments: sanctions requested in conjunction with motion to compel discovery; motion denied
- In re Almond (Case No. 06-50324, AP No. 06-6089) - 05/07/07 by Judge Waldrep (Unpublished)
Comments: FRCP 12(b)(6) motion on multiple claims, including violation of the discharge injunction- In re Alston (Case No. 08-80687) - 08/27/08 by Judge Aron (Unpublished)
Comments: motion to dismiss under § 1307(c) denied- In re Barger (Case No. 09-51299) - 05/07/10 by Judge Aron (Unpublished)
Comments: denying 707(b) motion- In re Beitzel (Case No. 05-51078) - 10/07/05 by Judge Waldrep (Published)
Comments: §707(b) (case not dismissed)- In re Bogan (Case No. 05-12725) - 02/23/06 by Judge Waldrep (Unpublished)
Comments: §707(b) (case dismissed)- In re Brittain (Case No. 03-11675) - 01/16/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Brogdon (Case No. 01-80488) - 09/07/01 by Judge Aron (Unpublished)
Comments: Ch. 13 debtor barred from refiling for 1 year- In re Buildnet, Inc., et al (Case No 01-82293, AP No. 04-9003) - 06/16/04 by Judge Aron (Unpublished)
Comments: FRCP 12(b)(6) motions on multiple claims, including fraud claims- In re Cabernet Holdings, LLC (Case No. 10-50602) - 06/21/10 by Judge Stocks (Unpublished)
Comments: 50% manager-member of LLC did not assent to the filing of the petition; case dismissed pursuant to §1112(b)- In re Carey (Case No. 01-12541) - 07/15/01 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Charlotte Commercial Group, Inc. (Case No. 01-52684, AP No. 01-6044) - 12/09/02 by Judge Aron (Unpublished)
Comments: motion to dismiss third-party complaint- In re Christiansen (Case No. 08-50871) - 01/21/09 by Judge Waldrep (Unpublished)
Comments: §707(b) (case dismissed)- In re Clayton (Case No. 02-82063) - 08/19/03 by Judge Stocks (Unpublished)
Comments: debtor's motion to vacate dismissal order denied- In re Collins (Case No. 03-12750) - 04/02/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Crink (Case No. 08-10824) - 03/18/09 by Judge Waldrep (Published)
Comments: §707(b) (case dismissed)- In re Edwards (Case No. 03-84291) - 12/16/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Edybul Foods, Inc. (Case No. 02-83997) - 04/08/03 by Judge Aron (Unpublished)
Comments: §1112(b)- In re Garland (Case No. 03-10360, AP No. 09-2068) - 11/10/09 by Judge Stocks (Unpublished)
Comments: complaint to determine extent of defendant's lien; FRCP 12(b)(6) motion to dismiss denied- In re Groover (Case No. 03-51013, AP No. 03-6103) - 01/16/04 by Judge Aron (Unpublished)
Comments: motion to dimiss AP on the grounds of insufficiency of service of process and failure to state a claim- In re Hallstrom (Case No. 02-80013) - 08/02/02 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Hammed (Case No. 04-53282) - 04/22/05 by Judge Waldrep (Unpublished)
Comments: §707(b) (case not dismissed)- In re Hanks (Case No. 99-51622) - 07/18/00 by Judge Aron (Unpublished)
Comments: Ch. 13 debtor barred from refiling for 180 days- In re Hornung (Case No. 09-51461) - 03/11/10 by Judge Waldrep (Published)
Comments: case dismissed; §707(b)(3) discussion- In re Hull (Case No. 01-52457) - 01/30/02 by Judge Aron (Unpublished)
Comments: §707(b) (case not dismissed)- In re Inter Act Electronics, Inc. (Case No. 02-11557, AP No. 03-2035) - 10/27/04 by Judge Stocks (Unpublished)
Comments: motion to dismiss adversary proceeding granted in part, denied in part- In re Inter-Act Electronics, Inc. (Case No. 02-11557, AP No. 03-2035) - 03/30/04 by Judge Stocks (Unpublished)
Comments: motion to dismiss plaintiff's claims pursuant to Rule (9)(b) and Rule 12(b)(6)- In re Lee Memory Gardens, Inc. (Case No. 02-82662, AP No. 04-9025) - 11/15/04 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP pursuant to Rule 12(b)(1) and pursuant to Rule 12(b)(6) denied- In re Lilley (Case No. 10-81078, AP No. 10-9110) - 04/12/11 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP for failure to state a claim upon which relief can be granted; motion denied- In re Linn (Case No. 04-13574) - 05/18/05 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Lipford (Case No. 07-10776) - 04/17/08 by Judge Waldrep (Published)
Comments: §707(b) (case dismissed)- In re Magna Corp. (Case No. 01-80763, AP No. 03-9032) - 11/28/03 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP for failure to state a claim and based on statute of limitations- In re Martin (Case No. 08-11698) - 06/19/09 by Judge Stocks (Unpublished)
Comments: §707(b)(3)(B) discussion- In re Michael (Case No. 09-11623, AP No. 10-2008) - 07/15/11 by Judge Waldrep (Published)
Comments: Debtor violated Sections 727(a)(2), 727(a)(3) and 727(a)(4); discharge denied- In re Moreland (Case No. 05-10519) - 08/03/05 by Judge Waldrep (Unpublished)
Comments: §707(b) (case dismissed)- In re Myers (Case No. 08-11744) - 05/22/09 by Judge Waldrep (Unpublished)
Comments: §707(b) - case dismissed upon certain conditions- In re Parker (Case No. 04-12747) - 01/25/05 by Judge Waldrep (Unpublished)
Comments: §707(b) (case not dismissed)- In re Penninger (Case 10-52061) - 07/08/11 by Judge Waldrep (Unpublished)
Comments: post-petition change in circumstances may be considered in the context of a motion to dismiss pursuant to Section §707(b); case dismissed- In re Poindexter (Case No. 04-81471) - 12/28/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Prince (Case No. 06-10328) - 11/30/06 by Judge Stocks (Unpublished)
Comments: whether the presumption of abuse described in §707(b)(2)(A)(i) arises in this case- In re Readling (Case No. 01-51678) - 11/21/01 by Judge Aron (Unpublished)
Comments: §707(b) (case dismissed)- In re Remember Enterprises, Inc. (Case No. 09-12179) - 02/05/10 by Judge Waldrep (Published)
Comments: motion to dismiss denied; motion for private sale of personal property granted- In re Renegade Holdings, Inc. (Case No. 09-50140, AP No. 11-6007) - 07/20/11 by Judge Stocks (Published)
Comments: FRCP 12(b)(6) motion to dismiss amended complaint for failure to state a claim for relief; motion denied- In re Rhoades (Case No. 08-10758) - 01/21/09 by Judge Waldrep (Unpublished)
Comments: §707(b) (case dismissed)- In re Sale (Case No. 06-51290) - 10/15/07 by Judge Waldrep (Published)
Comments: §707(b)(2) (case dismissed)- In re Schmonsees (Case 01-10844) - 09/24/01 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Schofield-Johnson, LLC (Case No. 09-81347) - 01/13/10 by Judge Waldrep (Unpublished)
Comments: motion to dismiss for lack of good faith pursuant to §1112(b)- In re Seymour (Case No. 04-80415) - 10/01/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Shinn (Case No. 04-10038) - 09/13/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Southeastern Materials, Inc. (Case No. 09-52606, AP No. 10-6059) - 07/02/11 by Judge Waldrep (Published)
Comments: FRCP 12(b)(6) motion on multiple claims; motion granted in part, denied in part- In re Spence (Case No. 04-11912) - 11/29/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Spencer C. Young Investments (Case No. 08-81852) - 02/04/09 by Judge Aron (Unpublished)
Comments: pro se corporate case dismissed- In re Steel Network, Inc. (Case No. 09-81230, AP No. 10-9019) - 07/30/10 by Judge Stocks (Unpublished)
Comments: motion to dismiss third-party complaint granted; individual was not a proper third-party defendant under Fed. R Civ. P. 14(a)- In re Swink (Case No. 01-13109) - 05/16/02 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Terry (Case No. 01-10713) - 07/12/01 by Judge Stocks (Unpublished)
Comments: debt limits for Chapter 13 case- In re Terry (Case No. 01-12750) - 05/23/03 by Judge Stocks (Unpublished)
Comments: debtor's motion to dismiss denied- In re Thomas (Case No. 10-80835, AP No. 10-9071) - 01/10/11 by Judge Stocks (Unpublished)
Comments: dischargeability action dismissed pursuant to Rule 12(b)(6)- In re Thorpe (Case No. 01-13003) - 01/04/02 by Judge Aron (Unpublished)
Comments: §1307- case dismissed with 180 day bar- In re Tiskiewic (Case No. 02-11754) - 01/02/03 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Tiskiewic (Case No. 02-11754) - 01/06/03 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Ulmer (Case No. 03-83209) - 05/24/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)- In re Warren (Case No. 03-11434) - 01/15/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Watson (Case No. 08-11139) - 10/16/08 by Judge Waldrep (Unpublished)
Comments: debtor sought comfort order after not providing trustee with copy of tax returns as required by § 521(e)(2)(A)- In re Welch (Case No. 02-10570) - 01/06/03 by Judge Stocks (Unpublished)
Comments: §707(b) (case not dismissed)- In re Westbrooks (Case No. 10-10672, AP No. 10-2032) - 12/16/10 by Judge Waldrep (Published)
Comments: complaint alleges violations of the Equal Credit Opportunity Act; motion to dismiss pursuant to FRCP 12(b)(6) denied- In re Whitley (Case No. 10-10426, AP No. 11-2038) - 01/19/12 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP under Federal Rules 8, 9(b) and 12(b)(6); motion denied in part, granted in part- In re Wood (Case No. 03-12275) - 03/02/04 by Judge Stocks (Unpublished)
Comments: §707(b) (case dismissed)
- In re Brokers, Inc. (Case No. 04-53451) - 01/14/05 by Judge Aron (Unpublished)
Comments: order denying application to employ special counsel- In re Maerlender (Case No. 02-11895, AP No. 04-2034) - 04/14/06 by Judge Stocks (Unpublished)
Comments: motion to disqualify law firm and motion to dismiss AP both denied- In re Yarbrough Properties, LLC (Case No. 09-51446) - 02/04/10 by Judge Waldrep (Unpublished)
Comments: order allowing employment of accountant nunc pro tunc
- In re Application for an Order compelling Charles Edelman to testify pursuant to subpoena (Case No. 02 M 002) - 12/13/02 by Judge Stocks (Unpublished)
Comments: attorney/client privilege- In re Brokers, Inc. (Case No. 04-53451, AP No. 04-6074) - 03/27/06 by Judge Aron (Unpublished)
Comments: motion for protective order granted in part due to attorney-client privilege
- In re Agee (Case No. 80545) - 02/02/11 by Judge Stocks (Unpublished)
Comments: Trustee's objection to exemption claim sustained due to debtor's bad faith- In re Chriscoe (Case No. 03-12584) - 10/31/03 by Judge Stocks (Unpublished)
Comments: objection to claim of property exemptions- In re Dillon (Case NO. 05-10428) - 07/08/05 by Judge Stocks (Unpublished)
Comments: objection to claim of property exemptions under N.C. Gen. Stat. §1-362 with respect to proceeds from disability insurance- In re Dutton (Case No. 03-80304) - 04/24/03 by Judge Stocks (Unpublished)
Comments: debtor attempted to claim exemption in $5,000 cash under N.C. Gen. Stat. §1-362- In re Evans (Case No. 09-50450) - 10/08/09 by Judge Waldrep (Unpublished)
Comments: can one co-debtor claim an exemption for the entire value of an item of jointly owned personal property- In re Garner (Case No. 04-13618) - 04/29/05 by Judge Stocks (Unpublished)
Comments: whether an annuity created pursuant to Sec. 403(b) of the IRC is exempt under NC law- In re Gill (Case No. 11-80976) - 08/22/11 by Judge Aron (Unpublished)
Comments: ch 7 trustee's objection to exemption overruled- In re Greene (Case No. 09-51218) - 01/19/11 by Judge Aron (Unpublished)
Comments: trustee's objection to exemptions sustained- In re Groover (Case No. 03-51013) - 10/14/03 by Judge Aron (Unpublished)
Comments: objection to claim of property exemptions- In re Grubbs (Case No. 04-13719) - 04/29/05 by Judge Waldrep (Published)
Comments: whether an annuity created pursuant to Sec. 403(b) of the IRC is exempt under NC law- In re Hines (Case No. 07-50587) - 07/15/08 by Judge Waldrep (Unpublished)
Comments: does conversion from Chapter 13 to Chapter 7 create a new 30 day period to object to the debtor's exemptions- In re Johnson (Case No. 11-50326) - 07/12/11 by Judge Aron (Unpublished)
Comments: trustee's objection to exemption of adjacent lot as residence sustained- In re Man (Case No. 09-51791) - 04/02/10 by Judge Waldrep (Published)
Comments: discussion of whether a condominium may be properly exempted as a health aid- In re McClamrock (Case No. 03-13643) - 02/05/04 by Judge Stocks (Unpublished)
Comments: property not a residence- In re McDonald (Case No. 03-12019) - 09/27/03 by Judge Stocks (Unpublished)
Comments: funds borrowed from a 401(k) plan- In re Mikles (Case No. 03-52865) - 01/13/04 by Judge Aron (Unpublished)
Comments: motion to compel turnover of excess value in property exemptions- In re Parrish (Case No. 02-10613) - 11/03/02 by Judge Stocks (Unpublished)
Comments: debtor attempted to amend exemptions after inheriting property post-petition- In re Payne (Case No. 04-52124) - 11/15/04 by Judge Waldrep (Unpublished)
Comments: objection to claim of property exemptions overruled- In re Ray (Case No. 01-50948, AP No. 01-6029) - 07/24/02 by Judge Aron (Unpublished)
Comments: §522(g)(1)(A)- In re Rice (Case No. 05-13758) - 06/21/06 by Judge Stocks (Unpublished)
Comments: claim of exemption with respect to cash surrender value of life insurance policy- In re Skinner, (Case No. 01-11020) - 08/07/01 by Judge Stocks (Unpublished)
Comments: objections to exemption claim based on waiver- In re Smith (Case No. 09-10282) - 07/27/09 by Judge Stocks (Unpublished)
Comments: claimant argues that debtor cannot claim exemption in property where there is no "value" in excess of valid consenual liens- In re Stone (Case. No. 00-51222) - 02/21/01 by Judge Aron (Unpublished)
Comments: homestead exemption and residence requirement- In re Thompson (Case No. 04-50229) - 08/18/04 by Judge Aron (Published)
Comments: order denying Trustee's objection to claim of exemptions- In re Young (Case No. 01-80910) - 07/12/01 by Judge Stocks (Unpublished)
Comments: debtor attempted to claim exemption in $3,000 cash under N.C. Gen. Stat. §1-362
- In re Steel Network, Inc. (Case No. 09-81230) - 06/27/11 by Judge Stocks (Unpublished)
Comments: motion to allow attorneys' fees and reimbursement of expenses pursuant to §506(b)- In re Action Video, Inc. (Case No. 02-52402) - 06/09/03 by Judge Aron (Unpublished)
Comments: disgorgement of fees (professional not employed in accordance with §327(a))- In re Ameritex (Case No. 07-10425) - 10/05/07 by Judge Aron (Published)
Comments: application for compensation of counsel for unsecured creditors' committee- In re Bartch (Case No. 09-80623) - 11/16/09 by Judge Stocks (Unpublished)
Comments: debtor objected to claim based on the inclusion of legal fees for services rendered between the filing of the petition and confirmation of plan; Objection overruled- In re Carolina Premier Medical Group, P.A. (Case No. 00-82322) - 08/20/01 by Judge Aron (Unpublished)
Comments: disposition of funds in retainer account upon conversion- In re Carter (Case No. 03-13874) - 03/29/04 by Judge Stocks (Unpublished)
Comments: §506(b)- In re Deluxe Cleaners of Durham, Inc. (Case No. 07-80327) - 05/01/08 by Judge Waldrep (Unpublished)
Comments: application for compensation denied; retainer found to be a capital contribution to the Debtor; funds to be transferred to the Trustee- In re EBW Laser, Inc. (Case No. 05-10220) - 10/18/05 by Judge Stocks (Published)
Comments: fee application granted in part, denied in part- In re First Street Mart, Inc. (Case No. 10-50580) - 04/26/11 by Judge Waldrep (Published)
Comments: procedure for employment under §328; determination of reasonable compensation pursuant to §330- In re Heinze (Case No. 02-83050) - 04/16/09 by Judge Stocks (Unpublished)
Comments: §363(j) - trustee sought to recover certain fees and expenses related to the sale of property jointly owned by the estate and a co-owner- In re Leviner (Case No. 01-10487) - 07/20/01 by Judge Stocks (Unpublished)
Comments: undersecured creditor requests attorneys' fees for a §362 action- In re Lexington Hearth Lamp and Leisure, LLC, and In re Elite Furniture Manufacturing, Inc., and In re Jeffrey Dale Dupree (Case Nos. 05-51398 and 06-50668 and 07-50890) - 02/17/09 by Judge Waldrep (Published)
Comments: §704 duties performed by Trustee vs. duties performed by Attorney for Trustee- In re McCormick (Case No. 06-80976) - 10/29/08 by Judge Stocks (Unpublished)
Comments: §506(b)- In re Obie (Case No. 09-80794) - 11/24/09 by Judge Stocks (Unpublished)
Comments: debtor objected to claim based on the inclusion of legal fees for services rendered between the filing of the petition and confirmation of plan; objection sustained- In re Pearson (Case No. 00-10860) - 01/26/01 by Judge Aron (Unpublished)
Comments: §506(b)- In re Rite Industries, Inc. (Case No. 99-12653) - 08/16/00 by Judge Aron (Unpublished)
Comments: carve out- In re Witherspoon (Case No. 08-11830) - 04/29/09 by Judge Stocks (Unpublished)
Comments: fee application in a dismissed chapter 13 case- In re: Carolina Premier Medical Group, P.A., (Case No. 00-82322) - 04/01/03 by Judge Aron (Unpublished)
Comments: request for compensation for special counsel hired to provide advice and representation on matters relating to the 401(k) plan
- In re Heinze (Case No. 02-83050, AP No. 08-9012) - 04/23/08 by Judge Stocks (Unpublished)
Comments: petition for writ of habeas corpus ad testificandum
- In re Banes (Case No. 06-81341) - 11/16/06 by Judge Aron (Published)
Comments: patient care ombudsman
- In re 1103 Norwalk Street, LLC (case No. 01-10059) - 05/14/04 by Judge Stocks (Unpublished)
Comments: application to proceed in forma pauperis with respect to an appeal- In re Green (Case No. 03-13363) - 03/04/04 by Judge Stocks (Unpublished)
Comments: application to proceed in forma pauperis with respect to an appeal- In re Heinze (Case No. 02-83050, AP No. 08-9012) - 07/29/11 by Judge Stocks (Published)
Comments: application to proceed in forma pauperis with respect to an appeal denied- In re Terry (Case No. 01-12750) - 06/18/03 by Judge Stocks (Unpublished)
Comments: application to proceed in forma pauperis with respect to an appeal
- In re Advocare of North Carolina, Inc. (Case No. 04-83632, AP No. 05-9015) - 06/17/05 by Judge Waldrep (Published)
Comments: question regarding whether to permanently enjoin certain causes of action asserted by defendant in a state court lawsuit- In re MAC Panel Company (Case No. 98-10952, AP No. 98-2032) - 02/24/00 by Judge Stocks (Unpublished)
Comments: see In re MAC Panel (under Chapter 11 Plans)
- In re Freeway Foods of Greensboro, Inc. (Case No. 10-11282, AP No. 10-2057) - 03/21/12 by Judge Waldrep (Unpublished)
Comments: FRCP 12(c) - motion for judgment on the pleadings denied as to 9 of 10 claims; court makes proposed findings of fact and conclusions of law in support of granting the motion as to one claim
- In re Arnold (Case No. 07-11543, AP No. 08-2005) - 07/17/09 by Judge Waldrep (Published)
Comments: court does not have jurisdiction to decide defamation claims- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6034) - 01/20/00 by Judge Stocks (Unpublished)
Comments: motion to dismiss for lack of subject matter jurisdiction- In re NanoLume, Inc. (Case No. 08-80663) - 10/06/09 by Judge Stocks (Unpublished)
Comments: objection to motion to vacate order based upon lack of standing and lack of jurisdiction- In re North Carolina Technological Development Authority, Inc. (Case No. 03-83278, AP No. 05-9004) - 03/31/05 by Judge Stocks (Unpublished)
Comments: motion to dismiss for lack of jurisdiction based on sovereign immunity- In re Roasters Corporation (Case No. 98-80704, 00-9040) - 10/06/00 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP based on lack of subject matter jurisdiction, lack of personal jurisdiction, an arbitration clause, and forum non conveniens- In re Vivian Cherry (Case No. 05-13340) - 12/11/06 by Judge Stocks (Unpublished)
Comments: motion to dismiss AP alleges that jurisdiction lapsed when trustee abadoned property
- In re Bonds Distributing Company, Inc. (Case No. 97-52130, AP No. 98-6044) - 11/15/00 by Judge Stocks (Unpublished)
Comments: withdrawal of reference recommended- In re Brokers, Inc. (Case No. 04-53451, AP No. 04-6074) - 06/06/05 by Judge Aron (Unpublished)
Comments: order denying demand for jury trial- In re Charlotte Commercial Group, Inc. (Case No. 01-52684, AP No. 01-6044) - 02/03/03 by Judge Aron (Published)
Comments: motion to strike jury trial demand
- In re Allen (Case No. 00-82140) - 10/13/00 by Judge Aron (Unpublished)
Comments: writ of continuing garnishment from Utah- In re Asheboro Precision Plastics (Case No. 03-11319, AP No. 04-2043) - 03/02/05 by Judge Stocks (Unpublished)
Comments: cross-motions for summary judgment- In re Bowes (Case No. 04-81207) - 02/18/05 by Judge Stocks (Unpublished)
Comments: amended motion to avoid lien granted- In re Cannon (Case No. 08-11098) - 08/26/09 by Judge Stocks (Unpublished)
Comments: motion to avoid lien denied; entireties property & judgment against debtor alone- In re Castevens (Case No. 99-51008) - 05/01/00 by Judge Stocks (Unpublished)
Comments: res judicata effect of confirmation- In re Cozart (Case No. 04-11278) - 02/08/06 by Judge Stocks (Unpublished)
Comments: avoidance of multiple liens- In re Earls (Case No. 05-53870) - 11/01/06 by Judge Waldrep (Unpublished)
Comments: §549(a) - deed of trust recorded two months after petition filed- In re Gilmer (Case No. 09-80024) - 04/03/09 by Judge Stocks (Unpublished)
Comments: avoidance of a judicial lien that is senior to a consensual lien- In re Hemric (Case 02-12010) - 09/28/05 by Judge Stocks (Published)
Comments: lien partially avoided- In re Jeffries (Case No. 01-10721) - 02/06/02 by Judge Stocks (Unpublished)
Comments: judicial lien on property debtor owns as tenant in common- In re Josephs (Case No. 04-11593) - 07/15/05 by Judge Stocks (Unpublished)
Comments: lien avoided as an unauthorized post-petition transfer- In re Locust (Case No. 04-82424) - 02/01/05 by Judge Stocks (Unpublished)
Comments: motion to avoid lien denied; entireties property & judgment against debtor- In re Payne (Case No. 05-13435, AP No. 05-2118) - 12/06/06 by Judge Waldrep (Unpublished)
Comments: §544(a) - claim of lien avoided; security interest never perfected- In re PTM Technologies, Inc. (Case No. 10-50980, AP No. 10-6022) - 06/30/11 by Judge Stocks (Published)
Comments: motion for summary judgment granted; security interests and liens claimed by defendants avoided pursuant to §544(a)(1)- In re Stanley (Case No. 09-11720) - 05/20/10 by Judge Stocks (Unpublished)
Comments: partial avoidance of lien; also includes discussion of N.C. Gen. Stat. §1C-1601(e)(5)- In re Staples (Case No. 00-10147) - 06/13/00 by Judge Stocks (Unpublished)
Comments: motion to avoid judicial lien- In re Taylor-Ramsey Corp. (Case No. 09-10017, AP No. 10-2044) - 10/06/11 by Judge Aron (Published)
Comments: avoidance of deed of trust under section 544(a)(1)- In re Ware (Case No. 02-12262, AP No. 03-2003) - 12/15/03 by Judge Stocks (Unpublished)
Comments: Defendant failed to perfect security interest in Porshe within 20 days
- In re Hinson (Case No. 96-11490) - 01/21/00 by Judge Stocks (Unpublished)
Comments: debtors refinanced without court approval
- In re Bullock (Case No. 01-83564) - 04/02/02 by Judge Stocks (Unpublished)
- In re Graham and In re Julie Kendrick (Case Nos. 02-81930 and 02-82065) - 02/13/04 by Judge Stocks (Unpublished)
Comments: §110- In re Howerton (Case No. 04-12819) - 11/24/04 by Judge Waldrep (Unpublished)
Comments: petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages- In re Lazarus (Case No. 05-80274) - 03/15/05 by Judge Stocks (Unpublished)
Comments: petition preparer ordered to disgorge fees and enjoined from providing further services, matter referred to District Court for consideration of sanctions and damages- In re Medley (Case No. 05-12299) - 11/10/05 by Judge Waldrep (Unpublished)
Comments: petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages- In re Singleton (Case No. 03-14003) - 06/07/04 by Judge Stocks (Unpublished)
Comments: petition preparer ordered to disgorge fees and enjoined from providing further services- In re Springs (Case No. 06-50854) - 12/08/06 by Judge Waldrep (Published)
Comments: petition preparer sanctioned, ordered to disgorge fees and enjoined from providing further services- In re Thomas (Case No. 04-12625) - 10/07/04 by Judge Waldrep (Unpublished)
Comments: petition preparer fined and enjoined from providing further services
- In re Easter (Case No. 03-12674) - 11/21/03 by Judge Stocks (Unpublished)
Comments: case filed purportedly pursuant to a power of attorney- In re Whitehead (Case No. 05-50136) - 07/22/05 by Judge Waldrep (Unpublished)
Comments: guardian ad litem appointed
- In re E-Z Serve Convenience Stores, Inc. (Case No. 02-83138, AP No. 04-9172) - 09/18/07 by Judge Aron (Published)
Comments: summary judgment denied- In re McCraw (Case No. 00-50675, AP No. 00-6049) - 07/16/01 by Judge Aron (Unpublished)
Comments: payments made on prior loans from family members- In re Nicholson (Case No. 08-51339, AP No. 09-6043) - 10/26/10 by Judge Aron (Unpublished)
Comments: § 547(b)- In re Nomus-North Carolina, Inc. (Case No. 01-50373, AP No. 03-6020) - 03/02/04 by Judge Aron (Unpublished)
Comments: Defendant's motion for summary judgment granted- In re Oxford Health Investors, LLC (Case No. 00-80676, AP No. 00-9074) - 09/03/02 by Judge Stocks (Unpublished)
Comments: also includes claims for turnover and accounting and a fradulent conveyance claim; Defendants' motion for summary judgment granted- In re Phillips (Case No. 99-50198, AP No. 00-6019) - 02/12/01 by Judge Aron (Unpublished)
Comments: res judicata effect of confirmation- In re Pluma, Inc. (Case No. 99-11104, AP No. 00-2070) - 04/11/01 by Judge Stocks (Unpublished)
Comments: ordinary course of business and new value exceptions discussed
- In re Bigelow (Case No. 97-50505, AP No. 99-6002) - 05/31/00 by Judge Stocks (Unpublished)
Comments: question of whether debtor's interest in a retirement plan is property of the estate; motion for summary judgment denied- In re Bullard (Case No. 02-82968, AP No. 03-6106) - 07/02/04 by Judge Aron (Unpublished)
Comments: whether debtor/mother held gifted real property in trust for her son- In re Chitty (Case No. 00-10739) - 08/23/00 by Judge Stocks (Unpublished)
Comments: motion for turnover by the Trustee- In re Colson (Case No. 98-51588, AP No. 99-6018) - 05/31/00 by Judge Stocks (Unpublished)
Comments: see In re Bigelow- In re Creech (Case No. 05-51710, AP No. 05-6055) - 08/22/06 by Judge Waldrep (Published)
Comments: trust not created; real property determined to be property of the estate- In re Doug Baity Trucking, Inc. (Case No. 04-13537) - 04/21/05 by Judge Waldrep (Unpublished)
Comments: whether the Debtor's liability insurance proceeds were property of the bankruptcy estate- In re Durham (Case No. 00-12216, AP No. 01-2093) - 06/23/03 by Judge Stocks (Unpublished)
Comments: property of the estate question and Trustee's status under §544(a)(1)- In re Gregson (Case No. 02-12525) - 05/28/03 by Judge Stocks (Unpublished)
Comments: §348(f)(1)(A)- In re Hearne (Case No. 02-81181) - 02/24/03 by Judge Stocks (Unpublished)
Comments: §541(d) & determining whether a trust exists- In re Heinze (Case No. 02-83050, AP No. 08-9012) - 08/01/08 by Judge Stocks (Unpublished)
Comments: trustee sought authorization to sell debtor's and non-debtor's undivided interest in certain personal property- In re Johnson (case No. 06-10342) - 08/14/06 by Judge Stocks (Unpublished)
Comments: discussion of §521(a)(6) and §362(h)(2)- In re Laurel Hill Paper Company (Case No. 07-10187, AP No. 07-2040) - 08/19/08 by Judge Stocks (Published)
Comments: debtor sought allocation of a portion of sale proceeds to unsecured creditors pursuant to the equities of the case exception under §552(b)(1)- In re Rountree Motorcars, Inc. (Case No. 00-12683) - 04/30/01 by Judge Stocks (Unpublished)
Comments: sale of vehicles and ownership rights under the UCC- In re Scott (Case No. 00-10993) - 06/03/02 by Judge Stocks (Unpublished)
Comments: also includes discussion on amending exemptions- In re Suggs (Case No. 05-51313 - 10/16/06 by Judge Aron (Published)
Comments: discussion of § 544(a)(1) and (a)(3)
- In re Bennett (Case No. 06-80241) - 05/26/06 by Judge Aron (Unpublished)
Comments: Ride through for real property under BAPCPA- In re Crawford (Case No. 10-80397) - 05/19/10 by Judge Aron (Unpublished)
Comments: reaffirming a lease agreement- In re Perkins (Case No. 09-11210) - 11/19/09 by Judge Stocks (Unpublished)
Comments: reaffirmation agreement not filed within 60 days after the first date set for the 341 meeting
- In re 1103 Norwalk Street, LLC (case No. 01-10059) - 07/09/04 by Judge Stocks (Unpublished)
Comments: motion to reconsider denied- In re Brokers, Inc. (Case No. 04-53451) - 07/05/07 by Judge Aron (Unpublished)
Comments: motion to amend proof of claim granted- In re De Coro, Ltd. (Case. No. 09-10369) - 12/13/10 by Judge Stocks (Unpublished)
Comments: motion to alter or amend order denied; discussion of Rule 59(e)- In re E-Z Serve Convenience Stores, Inc., et al (Case No. 02-83138) - 05/09/03 by Judge Aron (Unpublished)
Comments: motion to reconsider order allowing transfer of a portion of retainer to the trustee free and clear of all liens and claims- In re E-Z Serve Convenience Stores, Inc., et al. (Case No. 02-83138, AP No. 03-9018) - 10/06/04 by Judge Aron (Unpublished)
Comments: motion to amend judgment- In re Heinze (Case No. 02-83050) - 02/22/08 by Judge Stocks (Unpublished)
Comments: motion to reconsider denied- In re Jones (Case No. 99-13086) - 08/28/00 by Judge Stocks (Unpublished)
Comments: motion to reconsider order confirming plan- In re Roasters Corporation (Case No. 98-80704) - 03/14/00 by Judge Stocks (Unpublished)
Comments: motion to reconsider order disallowing claim- In re Roasters Corporation (Case No. 98-80704) - 04/05/00 by Judge Stocks (Unpublished)
Comments: motion to reconsider order grantng motion for summary judgment and disallowing claim
- In re 1103 Norwalk Street, LLC (Case No. 01-10059) - 12/11/03 by Judge Stocks (Unpublished)
Comments: motion to recuse denied
- In re Funk (Case No. 02-51304) - 09/05/02 by Judge Aron (Unpublished)
Comments: motion to redeem granted- In re Hawkins (Case No. 96-12424) - 08/30/00 by Judge Aron (Unpublished)
Comments: motion to redeem granted- In re Mayland (Case No. 06-10283) - 05/26/06 by Judge Waldrep (Unpublished)
Comments: proper standard for valuation of a vehicle in a chapter 7 case- In re Murray (Case No. 00-10603) - 06/23/00 by Judge Stocks (Unpublished)
Comments: motion to redeem granted
- In re Burchette (Case No. 00-51766) - 06/21/02 by Judge Aron (Unpublished)
Comments: motion to reopen denied- In re Burton-Alston (Case No. 97-16333) - 01/03/06 by Judge Waldrep (Unpublished)
Comments: motion to reopen denied- In re Clagett (Case No. 06-50460) - 08/10/11 by Judge Waldrep (Unpublished)
Comments: motion to reopen denied- In re Dancy (Case No. 02-52875) - 04/14/03 by Judge Aron (Unpublished)
Comments: motion to reopen to enter into reaffirmation agreement- In re Glover (Case No. 08-10505) - 09/14/10 by Judge Stocks (Unpublished)
Comments: motion to reopen case to file motion to avoid lien denied- In re Hamlett (Case No. 01-81808) - 07/07/03 by Judge Stocks (Published)
Comments: motion to reopen granted- In re Johnson (Case No. 04-82774) - 08/23/06 by Judge Stocks (Unpublished)
Comments: lack of subject matter jurisdiction - motion to reopen denied- In re Locklair (Case No. 03-50924) - 05/18/06 by Judge Aron (Unpublished)
Comments: motion to reopen denied- In re Serge (Case No. 02-80727) - 11/07/02 by Judge Stocks (Published)
Comments: attempted reopening of Ch. 7 no asset case- In re Wallace (Case No. 10-81205) - 09/14/10 by Judge Stocks (Unpublished)
Comments: case dismissed pursuant to §521(i); motion to reinstate case denied
- In re Southeastern Materials, Inc. (Case No. 09-52606) - 12/10/10 by Judge Waldrep (Unpublished)
Comments: analysis of examination under Rule 2004 vs. discovery under Rule 26
- In re 1103 Norwalk Street, LLC (Case No. 01-10059) - 11/26/03 by Judge Stocks (Unpublished)
Comments: corporation can only appear through licensed attorney- In re Green (Case No. 03-13363) - 03/04/04 by Judge Stocks (Unpublished)
Comments: debtor barred from filing another chapter 13 petition for 180 days- In re Heinze (Case No. 02-83050) - 08/24/10 by Judge Stocks (Unpublished)
Comments: Rule 9011 motion denied based on not being in compliance with Rule 9011(c)(1)(A)- In re Lafeminia, In re Warren & In re Kisinger, (Case Nos. 05-14474, 05-14476 & 05-14494) - 02/21/06 by Judge Stocks (Unpublished)
Comments: trustee's motion for sanctions granted in all 3 cases- In re Leroy C. Smith & In re Louise M. Smith (Case Nos. 03-10992 & 04-10633) - 11/20/06 by Judge Stocks (Unpublished)
Comments: motion for sanctions denied- In re Mitchell, In re Smith & In re Curry, (Case Nos. 06-10143, 06-10159 & 06-10236) - 04/28/06 by Judge Waldrep (Unpublished)
Comments: attorney held in contempt for violating orders of the court- In re Santos (Case No. 98-13105) - 04/14/00 by Judge Stocks (Unpublished)
Comments: motion for sanctions denied
- In re Crank (Case No. 11-80517, AP No. 11-9102) - 02/22/12 by Judge Stocks (Unpublished)
Comments: improper service and wrong party named as defendant; motion for default judgment denied- In re Smith (Case No. 05-81334, AP No. 10-9053) - 02/07/11 by Judge Stocks (Unpublished)
Comments: personal jurisdiction over the debtor not established because the complaint and summons were not served on the debtor's attorney as required by Rule 7004(g)- In re Watlington (Case No. 99-12096, AP No. 99-2076) - 05/03/00 by Judge Stocks (Unpublished)
Comments: service of summons and complaint within 120 days
- In re Alamance Knit Fabrics Inc. (Case No. 96-13527, AP No. 99-2036) - 01/27/00 by Judge Stocks (Unpublished)
Comments: settlement of potential preference claim approved- In re Bostic Construction, Inc. (Case No. 05-11199) - 06/25/10 by Judge Waldrep (Published)
Comments: determination that previously entered Settlement Agreement did not address causes of action brought in subsequent State Court cases- In re Buildnet, Inc., et al (Case No 01-82293, AP No. 03-9022) - 12/14/04 by Judge Aron (Unpublished)
Comments: objection to settlement agreement and release- In re Charlotte Commercial Group, Inc. (Case No. 01-52684) - 08/12/02 by Judge Aron (Unpublished)
Comments: motion to approve litigation agreement granted- In re Charlotte Commercial Group, Inc., (Case No. 01-52684) - 07/01/02 by Judge Aron (Unpublished)
Comments: motion to approve litigation agreement denied- In re Magna Corporation (Case No. 01-80763) - 09/02/03 by Judge Stocks (Unpublished)
Comments: motion to approve proposed settlement
- In re Mann (Case No. 09-80494) - 02/25/11 by Judge Stocks (Unpublished)
Comments: motion to overturn discharge, appoint new trustee, convert case, overturn sale, recognize new classes, and review plan dismissed for lack of standing
- In re Freeway Foods of Greensboro, Inc. (Case No. 10-11282, AP No. 11-2008) - 01/13/12 by Judge Waldrep (Published)
Comments: analysis of the authority of the Bankruptcy Court to enter final judgments- In re Southeastern Materials, Inc. (Case No. 09-52606, AP Nos. 11-6033 through 11-6037) - 03/27/12 by Judge Waldrep (Published)
Comments: determination of whether the Bankruptcy Court has the authority to enter final judgments on multiple causes of action asserted in five different Adversary Proceedings- In re Whitley (Case No. 10-10426, AP No. 11-2056) - 04/13/12 by Judge Stocks (Unpublished)
Comments: determination of whether the Bankruptcy Court has the authority to enter final judgments as to fraudulent transfer claims asserted by plaintiff; a proof of claim had not been filed by defendant- In re Whitley (Case No. 10-10426, AP Nos. 11-2022, 11-2023, 11-2029, 11-2034, 11-2035, 11-2038, 11-2039, 11-2042 & 11-2043) - 04/13/12 by Judge Stocks (Unpublished)
Comments: determination of whether the Bankruptcy Court has the authority to enter final judgments as to fraudulent transfer claims asserted by plaintiff; a proof of claim had been filed by each defendant
- In re Project Homestead, Inc. (Case No. 04-10239, AP No. 05-2112) - 08/17/07 by Judge Stocks (Published)
Comments: analysis of the trustees rights under §544
- In re Bonds Distributing Company, Inc. (Case No. 97-52130, AP No. 98-6044) - 04/03/00 by Judge Stocks (Unpublished)
Comments: multiple issues covered- preference claim ("insider" involved), fraudulent conveyance, avoidance of promissory note and security agreement as an unauthorized distribution, liability of directors for certain distributions, whether sale was comercially rea- In re Brokers, Inc. (Case No. 04-53451, AP No. 04-06074) - 03/08/07 by Judge Aron (Published)
Comments: breach of partnership agreement, fiduciary duty, and contract claims- In re Cansorb Industries Corporation (Case No. 07-50041, AP No. 07-6072) - 11/20/09 by Judge Waldrep (Unpublished)
Comments: motion for summary judgment denied -multiple issues covered incl.: improper foreclosure, fraudulent transfer, breach of fiduciary duty, and unfair and deceptive trade practices- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6034) - 06/08/01 by Judge Stocks (Unpublished)
Comments: fraud claims, motion for summary judgment granted- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6034) - 06/08/01 by Judge Stocks (Unpublished)
Comments: fraud claims, motion for summary judgment denied- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6035) - 09/27/00 by Judge Stocks (Unpublished)
Comments: fraud claims, motion for summary judgment granted- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6035) - 09/27/00 by Judge Stocks (Unpublished)
Comments: fraud claims, motion for summary judgment denied- In re DeCoro USA, Ltd., (Case No. 09-10846) - 04/12/12 by Judge Stocks (Unpublished)
Comments: addressing whether confirmation of a plan was res judicata; motion for summary judgment denied- In re DeCoro USA, Ltd., (Case No. 09-10846) - 04/12/12 by Judge Stocks (Unpublished)
Comments: whether a subsidiary corporation was an agent of the parent corporation for tax purposes; motion for summary judgment denied- In re EBW Laser, Inc. (Case No. 05-10220, AP No. 07-2004) - 01/15/09 by Judge Stocks (Unpublished)
Comments: multiple issues covered, including: setoff, preference claim, fraudulent transfer, breach of fiduciary duty, UDTPA- In re E-Z Serve Convenience Stores, Inc., et al. (Case No. 02-83138, AP No. 03-9018) - 02/20/04 by Judge Aron (Unpublished)
Comments: cross motions for summary judgment - Louisiana Lottery Corp., v. CIT Group Business Credit, Inc., and E-Z Serve Convenience Stores, Inc.- In re E-Z Serve Convenience Stores, Inc., et al. (Case No. 02-83138, AP No. 03-9188) - 08/28/06 by Judge Aron (Published)
Comments: summary judgment denied- In re Griffin Services, Inc. (Case No. 01-52373, AP No. 03-6114) - 03/02/05 by Judge Aron (Unpublished)
Comments: multiple issues covered - breach of contract, tortious interference and unfair and deceptive trade practices- In re O'Quinn (Case No. 06-11104, AP No. 07-2007) - 03/31/09 by Judge Waldrep (Published)
Comments: motion for summary judgment denied; application of collateral estoppel not warranted because substantive issues were not litigated prior to entry of default judgment- In re Vendsouth, Inc. (Case No. 00-10112, AP No. 01-2016) - 10/10/03 by Judge Stocks (Unpublished)
Comments: cross motions for summary judgement on multiple claims
- In re Bernardo (Case No. 08-80681) - 01/05/10 by Judge Aron (Unpublished)
Comments: federal tax lien on co-owner's property interest and § 363(j)- In re Frank (Case No. 01-83748) - 03/09/11 by Judge Stocks (Unpublished)
Comments: IRS seeking to reverse a credit allowed erroneously
- In re ACA Real Estate LLC (Case No. 08-51055) - 01/05/10 by Judge Stocks (Unpublished)
Comments: discussion of Rule 9006(f)
- In re Mid Atlantic Retail Group, Inc. (Case No. 07-81745) - 06/18/08 by Judge Stocks (Unpublished)
Comments: disputed trustee election
- In re Bailey (Case No. 01-80531) - 10/17/01 by Judge Aron (Unpublished)
Comments: status of a subcontractor's claim- In re Bechtel (Case No. 09-11286, AP No. 10-2006) - 03/15/11 by Judge Stocks (Unpublished)
Comments: Local Government Retirement Account unassignable under North Carolina law; attempted assignment held invalid- In re Boles (Case No. 03-83196, AP No. 04-6027) - 10/29/04 by Judge Stocks (Unpublished)
Comments: analysis of when title to a tractor passed to defendant- In re Brokers (Case No. 04-53451) - 06/17/09 by Judge Aron (Unpublished)
Comments: objection to claim for negligence, trespass, and punitive damages overruled- In re Brokers (Case No. 04-53451) - 03/04/08 by Judge Aron (Unpublished)
Comments: motion for partial summary judgment granted- In re Brokers (Case No. 04-53451) - 12/03/07 by Judge Aron (Unpublished)
Comments: motion to dismiss claim for punitive damages denied- In re Brokers, Inc. (Case No. 04-53451, AP No. 04-06074) - 10/17/08 by Judge Aron (Published)
Comments: unfair and deceptive trade practices, constructive trust, and punitive damages- In re Brokers, Inc. (Case No. 04-53451, AP No. 04-6074) - 09/22/05 by Judge Aron (Unpublished)
Comments: motion for order of attachment denied- In re Charlotte Commercial Group, Inc. (Case No. 01-52684, AP No. 01-6044) - 07/06/05 by Judge Aron (Unpublished)
Comments: motion for summary judgment re: claims of breach of contract and violation of the duty of good faith and fair dealing- In re Charlotte Commercial Group, Inc., (Case No. 01-52684, AP No. 01-6044) - 05/23/02 by Judge Aron (Unpublished)
Comments: motion to disqualify counsel- In re Charlotte Commercial Group, Inc., (Case No. 01-52684, AP No. 01-6044) - 03/27/02 by Judge Aron (Unpublished)
Comments: dismissal of cause of action based on N.C.G.S. §75-1.1- In re Convenience USA, Inc. (Case No. 01-81478) - 06/17/03 by Judge Stocks (Unpublished)
Comments: issues concerning the interpretation and construction of contracts under North Carolina law- In re Cornerstone Residential Development Corporation (Case No. 97-52476, AP No. 99-6035) - 05/31/01 by Judge Stocks (Unpublished)
Comments: attorney liability and fraud questions- In re Craddock (Case No. 08-50160) - 04/09/09 by Judge Aron (Published)
Comments: denying debtor's motion to convey remainder interest in real property- In re Delicate Touch Delivery, Inc. (Case No. 99-11124) - 02/11/00 by Judge Stocks (Unpublished)
Comments: whether bank had a perfected security interest in certain proceeds- In re Doerfer (Case No. 05-82665) - 11/01/06 by Judge Aron (Unpublished)
Comments: scope of a power of attorney- In re E-Z Serve Convenience Stores, Inc. (Case No. 02-83138, AP No. 05-09046) - 03/26/09 by Judge Aron (Unpublished)
Comments: breach of fiduciary duty, UDTPA, and fraudulent misrepresentation- In re E-Z Serve Convenience Stores, Inc., et al. (Case No. 02-83138) - 09/16/03 by Judge Aron (Unpublished)
Comments: dispute over unused portion of retainer- In re Ford (Case No. 01-11550, AP No. 01-2096) - 11/14/02 by Judge Stocks (Unpublished)
Comments: unfair and deceptive acts and practices in commerce- In re Lash (Case No. 10-51171) - 12/10/10 by Judge Waldrep (Unpublished)
Comments: UCC § 1-203; determination of whether an agreement created a true lease or a security interest- In re Laurel Hill Paper Company (Case No. 07-10187, AP No. 07-2040) - 07/22/08 by Judge Stocks (Published)
Comments: claimants asserting statutory liens pursuant to Chapter 44A- In re Laurel Hill Paper Company (Case No. 07-10187, AP No. 07-2040) - 03/24/08 by Judge Stocks (Published)
Comments: motion for summary judgment; NCGS 25-9-334 not applicable with respect to priority questions involving 44A liens- In re Lee Memory Gardens, Inc. (Case No. 02-82662, AP No. 04-9025) - 09/01/05 by Judge Stocks (Published)
Comments: motion for summary judgment re: multiple claims: fraudulent conveyance, conversion, and aiding and abetting a breach of fiduciary duty- In re Lee Memory Gardens, Inc. (Case No. 02-82662, AP No. 04-9025) - 04/14/06 by Judge Stocks (Unpublished)
Comments: multiple claims including fraudulent conveyance and conversion; judgment awarded pursuant to §548(a)(1)(B) and §550- In re Magna Corporation (Case No. 01-80763, AP No. 03-9032) - 03/15/05 by Judge Stocks (Unpublished)
Comments: conversion; motion for partial summary judgment granted in part, denied in part- In re McCormick (Case No. 06-80976, AP No. 08-9028) - 08/06/09 by Judge Stocks (Unpublished)
Comments: determination of whether deed of trust could be considered properly registered if it was not indexed in the official real property index of Orange County- In re NCL Liquidation Corp., (Case No. 04-13449, AP No. 05-2078) - 10/21/05 by Judge Aron (Unpublished)
Comments: defamation and unfair and deceptive trade practices claims- motion for partial judgment on the pleadings denied- In re North Carolina Technological Development Authority, Inc. (Case No. 03-83278, AP No. 05-9004) - 02/16/07 by Judge Stocks (Unpublished)
Comments: dispute over portion of a deed executed by the governor and the secretary of state- In re Orndorff Construction, Inc. (Case No. 06-11340, AP No. 07-2048) - 08/25/08 by Judge Waldrep (Published)
Comments: whether a claim of lien meets the requirements of N.C.G.S. §44A-13 and §546(b)- In re Osaka's Sushi Bar (Case No, 03-12440, AP No. 03-2077) - 03/02/04 by Judge Stocks (Unpublished)
Comments: financing statement not filed with Secretary of State's office- In re Renshaw (Case No. 06-11028, AP No. 07-2055) - 05/05/09 by Judge Stocks (Unpublished)
Comments: determination of ownership of sewing maching and claim under UDTPA- In re Schofield-Johnson, LLC (Case No. 09-81347, AP No. 09-9067) - 09/21/11 by Judge Waldrep (Published)
Comments: IRS may enforce lien against property owned by a third-party; transfer of judgment proceeds deemed fraudulent and plaintiff is not a good-faith transferee for value.- In re Sergent (Case No. 99-12084) - 04/21/00 by Judge Stocks (Unpublished)
Comments: incomplete instrument- In re Siegert Properties, Inc. (Case No. 00-11184, AP No. 00-2074) - 03/07/01 by Judge Aron (Unpublished)
Comments: request for trebled damages- In re Strickland (Case No. 03-12672, AP No. 04-2004) - 08/12/05 by Judge Stocks (Unpublished)
Comments: title insurance company allowed to join as a plaintiff in AP - subrogation- In re Strickland (Case No. 03-12672, AP No. 04-2004) - 11/29/04 by Judge Stocks (Unpublished)
Comments: summary judgment motion regarding whether deed of trust is in chain of title- In re Summit Hosiery Mills, Inc. (Case No. 00-51047) - 12/21/00 by Judge Stocks (Unpublished)
Comments: financing statement issue- In re TWS Enterprises, Inc., (Case No. 01-10659, AP No. 01-2070) - 08/26/02 by Judge Stocks (Unpublished)
Comments: conversion claim based on vehicle repossession- In re Walker (Case No. 03-13204, AP No. 06-2036) - 04/27/07 by Judge Stocks (Unpublished)
Comments: determination of the validity of a deed of trust- In re Willard (Case No. 99-50394) - 02/01/00 by Judge Aron (Unpublished)
Comments: authority of a general power of attorney discussed- In re Williams (Case No. 01-50277) - 08/27/01 by Judge Aron (Unpublished)
Comments: failure to perfect security interest in a vehicle within 20 days- In re Woods (Case No. 01-11913) - 10/30/01 by Judge Stocks (Unpublished)
Comments: executory contract or security agreement
- In re Hall (AP No. 08-2006) - 02/29/08 by Judge Stocks (Unpublished)
Comments: motion to change venue denied- In re Mid Atlantic Retail Group, Inc. (Case No. 07-81745) - 01/04/08 by Judge Stocks (Unpublished)
Comments: motion to change venue denied- In re Sprouse (Case No. 09-50535) - 04/28/09 by Judge Stocks (Unpublished)
Comments: motion to change venue granted- In re Velocita Corp., et al (Case No. 02-35895, AP No. 2048) - 10/16/02 by Judge Stocks (Published)
Comments: adversary proceeding related to a New Jersey case