ORDER ALLOWING MOTION TO DISMISS STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. The matter before the court is the motion to dismiss filed by defendants Genesis Financial Solutions and Vativ Recovery Solutions, LLC in response to plaintiff Tony Lee Jenkins' complaint seeking actual and statutory damages based on alleged violations of the federal Fair Debt Collection Practices Act ("FDCPA") and North Carolina's new statutory provisions with respect to debt collection by debt collection...
ORDER J. RICH LEONARD, Bankruptcy Judge. This matter came before the court on cross motions for summary judgment. A hearing was held on March 9, 2011, in Raleigh, North Carolina. On March 21, 2011, the court entered an order staying the motions for summary judgment for 90 days to allow time for a ruling by the Fourth Circuit in the case of Butler v. Deutsche Bank Trust Co. (In re Rose), 2009 WL 2226658 (Bankr.E.D.N.C. July 20, 2009), which was on appeal. The parties agreed that the outcome...
ORDER DENYING CONFIRMATION OF CHAPTER 11 PLAN OF REORGANIZATION RANDY D. DOUB, Bankruptcy Judge. Pending before the Court is the proposed Plan of Reorganization filed by The Legacy at Jordan Lake, LLC (herein referred to as the "Debtor" or "Legacy") on July 23, 2010 (the "Plan") and the Disclosure Statement filed by the Debtor on July 23, 2010 (the "Disclosure Statement"), the Bankruptcy Administrator's Response to Debtor's Plan of Reorganization and Disclosure Statement filed by the...
ORDER DETERMINING ISSUE RELATING TO DEBTOR'S MOTION FOR AUTHORITY TO USE CASH COLLATERAL STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. The matter before the court is a discrete issue relating to the debtor's motion for authority to use cash collateral. A hearing on that motion was held on November 12, 2010, and an additional hearing was held on November 29, 2010. Interim orders granting the debtor's motion were entered on November 17, 2010, and December 10, 2010; however, the November 17, 2010,...
