ORDER DENYING MOTION TO CONVERT OR DISMISS AND DENYING OBJECTION TO AMENDED PLAN STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. The matters before the court are the motion of TD Bank, N.A. to convert or dismiss the debtor's chapter 11 case pursuant to 11 U.S.C. 1112(b), as well as TD Bank's objection to the "amended plan" filed by the debtor on September 24, 2012, pursuant to which TD Bank contended that dismissal is required. A hearing took place in Raleigh, North Carolina, on October 10,...
ORDER DENYING MOTION TO DISMISS AND GRANTING IN PART MOTION TO STAY STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. The matter before the court is the Motion to Dismiss, or in the Alternative, to Stay Based on Arbitration Agreement filed by defendants Bank of America, N.A. ("BOA") and Jonathan P. Joyner ("Joyner"). A hearing was held in Raleigh, North Carolina, on June 5, 2012. BACKGROUND On or about January 10, 2003, TP entered into a Master Loan Agreement and a Promissory Note with BOA,...
ORDER J. RICH LEONARD, Bankruptcy Judge. This matter came before the court on Bank of America, N.A. and Bank of America Corporation's ("defendants") motion to dismiss the second and third causes of action asserted by Derek Christopher Pryor and Tammy Shawntae Pryor ("plaintiffs") for failure to state a claim upon which relief can be granted. A hearing on the matter was held in Raleigh, North Carolina on July 26, 2012. The plaintiffs filed their petition for relief under Chapter 13 of the...
ORDER GRANTING DEBTOR'S MOTION FOR ORDER EXTENDING THE PERIOD IN WHICH TO CONFIRM THE DEBTOR'S PLAN PURSUANT TO 11 U.S.C. 1121(c)(3) AND DENYING MOTION OF ERGS II, L.L.C. PURSUANT TO SECTIONS 1121(c)-(d) OF THE BANKRUPTCY CODE FOR AN ORDER TERMINATING THE EXCLUSIVITY PERIODS WITHIN WHICH THE DEBTOR MAY FILE AND SOLICIT ACCEPTANCES TO A PLAN OF REORGANIZATION RANDY D. DOUB, Bankruptcy Judge. Pending before the Court is the Debtor's Motion for Order Extending the Period in Which to Confirm...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on the Bankruptcy Administrator's appeal from the bankruptcy court's August 17, 2011 denial of her motion to dismiss pursuant to 11 U.S.C. 707(b)(1) and (b)(3). Because the bankruptcy court's factual findings are not clearly erroneous, and because the bankruptcy court properly conducted the presumption of abuse analysis in section 707(b)(2) and the totality of the circumstances analysis in section 707(b)(3), the...
