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United States Bankruptcy Court, Middle District of North Carolina

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Opinions in Date Order

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