| Title | Judge | Date | Published? |
|---|
• 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 |