ORDER SUSAN D. BARRETT, Bankruptcy Judge. Before the Court is a Motion to Modify Kenneth Ruford Allan's ("Debtor") Chapter 13 Plan After Confirmation to pay a 100% dividend to unsecured creditors filed by Dr. Robert Shuman and Allan & Harper Custom Homes, LLC. (collectively, "Movants"). The modification is based upon a beneficial interest in a trust created by Debtor's father. Also, before the Court is Movants' oral motion to dismiss the case for a purported lack of good faith because of...
MEMORANDUM AND ORDER ON MOTION OF THE UNITED STATES TRUSTEE TO DISMISS LAMAR W. DAVIS, JR., Bankruptcy Judge. Debtors Ginger and Steven Hibbard filed Chapter 7 on January 23, 2009 ("Petition Date"). This case was selected for audit by the Office of the United States Trustee on February 12, 2009. Audit, Dckt.No. 12. The United States Trustee filed a Statement that the Presumption of Abuse Does Not Arise on April 6, 2009. Statement, Dckt.No. 32. The United States Trustee filed a Motion to...
ORDER ON DEBTOR'S MOTIONS FOR SALE OF PROPERTY LAMAR W. DAVIS, JR., Bankruptcy Judge. FINDINGS OF FACT Debtor's case was filed on December 30, 2008. Debtor is a long-established real estate construction and development firm with several hundred parcels of undeveloped residential lots and lots with completed homes. Debtor also owes debts amounting to several millions of dollars outstanding to a number of different financial institutions. Debtor filed two Motions to sell certain property....
